Proving Fault in Personal Injury Accident

Accidents happen every day. They are a part of people’s lives, a part that many people would like to forget and to move on. Sometimes the accidents are our fault, but in many cases another person is responsible for our suffering.

So what would you do if an accident happened because of someone else’s negligence and carelessness and causes you injury or emotional pain? How can you prove their fault and liability and move on with your normal life like it was before the accident?

Trying to determine who is responsible legally for an accident can be tough, but it usually is based on if someone was negligent or careless. The party who is found to be more careless than the other has to pay for a portion or all of the damages.

Legal liability and fault in any given case is many times determined by the rule of carelessness. But there are also other simple propositions that can help to determine who was legally at fault.

Personal Injury

Here are some of them:

  • If the plaintiff or the injured person at the time of the accident was where he or she was not supposed to be, the person who caused the accident might not be liable because the defendant had no duty to be careful toward the injured person.
  • If the injured person was also careless, his or her compensation may be reduced by the extent such carelessness was also responsible for the accident. This is also known as comparative negligence.
  • If an accident is caused on property that is dangerous because it is poorly built or maintained, the owner of the property is liable for being careless in maintaining the property, regardless of whether he or she actually created the dangerous condition. This is called strict liability. Building, demolition and transporting hazardous materials fall into this category, as do incidents involving possession of wild animals, and to abnormally dangerous activities.
  • When there is more than one person responsible for an accident, for example, if several careless drivers cause a wreck – the law in most states provides that any one of the careless parties is responsible for compensating you fully for your injuries. The responsible parties must then decide between themselves whether one should reimburse the others.

Not all accidents are the same. Every one of them is a special case with different circumstances and consequences, with different people and different approaches to the case. But there is always a standard procedure that must be taken so the fault will be proven and the case will be closed.

In personal injury law, there is a special term called “Duty of care” that refers to the responsibility one person has to avoid causing harm to another person.

With this so called ‘Duty of care’ begins the process of proving fault in personal injury cases. First, the plaintiff must prove that the defendant was negligent and had a duty of care towards the other person. Then the injured person must show and prove how exactly the defendant’s conduct breached the duty of care and caused the harm. Once negligence has been established in a personal injury case, the defendant must pay the plaintiff for all injuries caused by the defendant’s actions. Certain types of damages are easy to calculate, such as property damage and medical bills. For other types, such as emotional distress and loss of earning capacity, expert testimony may be required.

If you want your case to be resolved in your favor and to repair the damage done to you, it is important to take some steps so your claim will be settled fairly and quickly:

  • Write down everything about the accident such as where it took place, when, names, addresses and phone numbers of witnesses, police officers or any other participants in your accident.
  • Take pictures of the place where the accident happened, pictures of injuries to yourself or others, and pictures from damages to your property.
  • Don’t make any statements immediately after the accident.
  • Talk to a personal injury lawyer before making any statements to the insurance company or insurance company representatives.
  • Contact a personal injury attorney to see if you have a claim against the person who injured you before making any statements.
  • Report the accident immediately after it happened to the proper authorities.

Nobody can make you forget the pain and stress that the accident caused, but it can alleviate the consequences with a proper and successful resolving of the case. Every injury, every injured person, every accident and every case is different and deserves a thorough evaluation. Two people can have the same injury and one can suffer little while the other suffers a great deal. No one can put a value on your pain and suffering, and other damage, but with help from an experienced lawyer you can get compensation that will help you to repair your loss and to move on. If you are unsure of what you are doing, it is best to find some help through the advice of a legal expert and tell him all about your case, he will know how to get the right compensation for your accident and will finish the case in your favor.

Resource:

Marc Aaron Goldbach of Goldbach Law Group handles personal injury cases. Mr. Marc can be reached at (562) 696-0582.
If you are seriously injured and seeking immediate helps from Los Angeles County personal injury lawyer, Mr. Marc is just one phone call away. You may contact Marc Aaron Goldbach – Attorney at Law at Goldbachlaw or Google+ to seek his advice.

About Marc Aaron Goldbach

Marc Aaron Goldbach has worked tirelessly to develop a successful bankruptcy and civil law practice for clients located throughout Los Angeles County. Mr. Goldbach at GoldBach Law Group have represented a wide array of small businesses and individuals with 100% client success rate. Mr. Goldbach is always available to answer questions and willing to guide you through the entire legal process.
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