How To Prove Fault

You had an accident and got hurt because someone else was careless. It may seem straightforward that the other person is responsible. But, although you know it was the other person’s fault, you still must prove it to win a personal injury lawsuit. That means gathering evidence to prove the accident was the other person’s fault.

Proving fault in a personal injury case can be difficult. The evidence you need will depend on the facts of your case. Personal injury laws also vary by state. Contacting a personal injury lawyer is a good idea. They can explain what evidence you need and represent you in your personal injury claim.

Determining Who Was at Fault

The liable party is legally responsible for the accident. But the court won’t take your word that the other party is responsible. You must prove it to win your personal injury case. Most personal injury claims are based on negligence. The defendant’s negligence is based on the reasonable person standard. That means you’re negligent when you harm someone because you didn’t do what a reasonable person would do in a similar situation.

Following are the four elements of negligence you must prove:

• Duty of care: The defendant had a legal duty of care to avoid causing harm to another person. For example, a store has a duty to warn customers of a slippery floor.
• Breach of duty of care: The defendant didn’t act reasonably to avoid harming others. For example, the store didn’t post a sign beside a spill warning customers of the danger.
• Causation: The defendant’s failure to act with reasonable care caused your injury. For example, you slipped on the floor because the store didn’t post a warning sign next to the spill.
• Damages: You suffered a verifiable injury because the defendant didn’t act with reasonable care. For example, you suffered a broken arm when you slipped and fell in the store.

In some instances, your case could be a strict liability case. You don’t have to show that the defendant was negligent in strict liability. Product liability is the most common strict liability case.

Proving Negligence

A personal injury attorney is an expert at proving negligence. To prove the four elements of a negligence claim, your attorney will gather various information. Your attorney can collect some of the evidence themselves. But they’ll need your help to gather other evidence.

Duty of Care

Proving that the defendant had a duty of care could be the most challenging element to prove. What a reasonable person would do could vary based on the circumstances. Local laws or professional standards are an excellent place to determine the duty of care. For example, American Medical Association guidelines could be a source for the duty of care in a medical malpractice case. Traffic laws may set the reasonableness standard in motor vehicle accident cases.

Breach of the Duty of Care

To prove the defendant breached their duty, the attorney may look at the following:

• Police reports
• Accident reports
• Property damage
• Evidence gathered at the accident scene
• Witness statements
• Expert witness testimony

For example, pictures of skid marks or car damage in a car accident case can be evidence of a breach of the duty of care.

Causation

Next, you must prove that the defendant’s negligence caused your injury. You’ll need evidence linking your injury to the accident. Your attorney can do that with medical records. Records from your medical treatment at the scene of an auto accident are an example. You should see a doctor as soon as possible after the incident.

Damages

Last, you must prove you suffered financially or emotionally due to the defendant’s negligence. Damages can be either economic or non-economic. Economic damages include your medical bills and lost wages. The value of your damaged property is also an economic damage. Non-economic damages include emotional distress, loss of enjoyment of life, and mental anguish. In some cases, you may also win punitive damages. A court could award punitive damages to punish the defendant for an egregious act.

Help From a Dedicated Professional

Proving your claim in court can be complicated. You must gather enough evidence to show that the other person was the at-fault party. A personal injury attorney can guide your case, file your lawsuit, and represent you in court.