How to Prove Fault in Personal Injury Cases

Personal injury cases can last for a long time if you don’t know what you’re doing. Even worse, you might lose such cases completely and get absolutely zero compensation if your attorney isn’t fully prepared to undertake the laws that are active in your jurisdiction.

If you’re the one accusing someone else of being responsible for your injuries, the whole burden of proof lies on your shoulders. You’ll need to work alongside your lawyer to make sure that everything goes smoothly. With that said, here are a few things you can do to help them out.


The First Steps to Proving Fault

When someone else is at fault for your injury, the most common crux you can call upon is negligence. Other times, you might argue that the person has injured you willingly, though those cases usually fall under the “assault” category.

If you’re going for the negligence angle, here are the things you need to take into consideration:

  • Did your injury take place on their property?
  • Could your injury have been prevented if the owner of said property had taken certain steps?
  • Did they go against their legal duty by acting or failing to act?
  • Was it their legal duty to protect you given the circumstance under which you’ve been injured?

And, most importantly, don’t forget about the jurisdiction you’re in. For example, if you’re in Florida, you might want to consult a personal injury lawyer in Fort Lauderdale and other surrounding areas.


Putting Things Head to Head

OK, did you answer the above questions? Let’s put them in context so you can get a better understanding of how you think regarding your personal injury case.

For example, a doctor has the legal duty to protect you and commit to the best possible medical practices when consulting you, giving you prescriptions, and performing any other medical act on you.

Similarly, if a store owner or a landlord could’ve installed security cameras, keycard access, and other similar measures but they didn’t and you got injured thanks to an intruder, you can sue for negligent security as well as personal injury.

On the other hand, not only landowners or those who directly target you can get sued. For example, if a lumberjack were to cut down a tree 100 yards away and that tree was about to hit you, then the lumberjack is responsible for your injuries. Not only that but the company that they work for may also be found responsible given certain specific circumstances.

Be Reasonable

Even if you don’t know the law and you don’t have all the necessary time to consult a lawyer regarding your case, you can use your common sense most of the time to get a feeling of what the result might be.

Put yourself in the defendant’s shoes. Seriously, put yourself in their shoes, with care. Would you have acted differently than they did? If yes, they might be found guilty. Otherwise, there are other factors to take into account. Can you truly prove that the defendant’s action (or lack thereof) was the main cause of your injury?

If you can prove it easily without requiring a lawyer, then you can be almost certain you’ll win the case. However, that doesn’t mean you should go to court without an attorney. Far from it. You should always consult with your lawyer before jumping to a conclusion. We can’t stress it enough: the law differs from jurisdiction to jurisdiction, and it’s important to have someone by your side who knows all those bits and pieces.

Final Thoughts

All in all, proving the defendant’s fault in a personal injury case can be as seamless or as complicated as any legal case can be. There’s no in-between.

Personal injury cases are either very easy or extremely daunting. However, you should always contact an attorney that’s specialized in this type of ordeal and that works in your area of interest.

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