How Is Fault Determined in a Personal Injury Case?


If you were recently injured and are planning to sue the responsible party, how do you know who it was? It’s possible you’ll accuse the party of causing your injury, just to have it turned back in your face. What do you do then? Sometimes proving fault is extremely easy because there were many witnesses to what happened and the situation is just obvious. Other times, it’s not as black and white as it may seem, so how is fault determined?

The Party That Decides

If the accused individual has liability insurance, his or her insurance provider would conduct an investigation into the incident to decide fault. If the injured person has retained an attorney, the lawyer would investigate the incident and determine fault. When an agreement cannot be made, that’s when a lawsuit enters the picture and a court jury decides the fault of the injury.

Proving Fault

There are two factors that play into proving fault. First, you (or your lawyer) must show that the negligence of the other party fell below the expected standard of care. Second, you must show that negligence caused harm. In order to prove these two factors, you have to show that the accused party had a legal duty, breached the duty, caused your injury and damages were incurred.

In some cases, establishing intentional conduct is proof enough by itself. This would be if an individual intended to hurt the victim. Other cases allow strict liability as enough proof for a personal injury claim. This could be when a product fails or an individual is acting out dangerously in an extremely abnormal activity.

Collecting the Proof

With the help of a personal injury attorney, you’ll need to collect the proof to help you with your case. Your attorney will conduct a thorough investigation. This could include speaking with your medical care providers, interviewing witnesses, looking over photographs, watching surveillance videos and studying police reports.

Receiving the Help You Deserve

If you are the victim of a personal injury, you deserve to have someone by your side, helping you obtain the compensation you are entitled to. How will fault be determined in your case? An attorney will go over all of that with you so you can stand strong and confident if your case goes to trial. You deserve compensation for the costs of you injuries. Call an attorney, like a Memphis personal injury lawyer, today to get started on your path to claiming your innocence and proving fault with the other party.

Thanks to Patterson Bray, for their insight into personal injury claims.