If you were injured in an accident, the first thing you need to do is seek medical care. Next, you need to find out if you deserve compensation to pay for the damages caused by the accident. You need to determine if another party was at-fault and, if so, whether or not you can prove it.
To prove fault in a personal injury case, you must meet specific legal standards.
You must show the court that a party caused the accident, that you deserve financial compensation to cover the damages you sustained — and that you have adequate evidence to prove it.
How To Prove Fault in a Personal Injury Case
Personal injury cases refer to any situation wherein you were injured, and it was not your fault. The most common types of personal injury cases relate to:
- Motor vehicle accidents
- Slip and falls
- Medical malpractice
- Product liability
- Workplace accident
- Assault and battery
- Animal attack
- Wrongful death
If you or a loved one were involved in any of these situations and injured by no fault of your own, you may have a personal injury case. Consider if you could provide the evidence needed to prove it.
#1) Prove the accident was caused by another party.
Being in an accident isn’t enough to file a personal injury case. You must prove that you were not responsible for the situation that led to the accident. You must clearly show that the accident was caused by another party.
There are three ways another party can be responsible for an accident.
- Intentional: The party intentionally intended to injure you and caused the accident.
- Neglect: The party’s neglect or carelessness caused the accident.
- Strict Liability: The party caused the accident, although it was not intentional or caused by neglect.
To prove to the court that another party caused the accident, you need evidence that shows what happened. You need to tell the story and prove your point through evidence such as:
- Detailed accounts of the accident
- Testimony from witnesses
- Police reports
- Incident reports (if the event occurred on a commercial property)
- Video or photos from the accident
Related: 6 of the Most Commonly Asked Questions About Personal Injury
#2) Prove the accident led to damages.
Once you prove that another party was at-fault for the accident, you must also show that the accident resulted in damages. Damages refer to the losses — physical, financial, and emotional — that occurred as a result of the accident.
To receive personal injury compensation, you must show how the accident caused damages. Damages sustained during a personal injury incident may include:
- Special compensation damages such as medical bills, future medical bills, cost of home-care, property damage, loss of income, loss of future earnings, and cost of altered plans.
- General compensatory damages that refer to “pain and suffering” compensation for emotional trauma, long-term physical impairments, physical disfigurement or deformities, loss of companionship, and damage to lifestyle.
- Punitive damages that include additional compensation if the accident was the result of malicious or intentional conduct.
- Wrongful death damages which cover costs for funeral and burial, emotional distress of surviving family, loss of financial contribution, and loss of companionship.
To prove fault in a personal injury case, you must be able to provide evidence that details the extent of the damages. Evidence that can support your case includes:
- Medical records
- Medical bills
- Personal injury deposition
- Photos of your injuries (the initial injury as well as photos of the injury as it progresses)
- Photos of damaged property
- Bills for funeral services, home care costs, therapy, etc.
- Documents that show missed opportunities (missed work hours, canceled vacations, etc.)
Related: Want to Sue for Personal Injury? Take These 4 Steps
Bring Your Personal Injury Case to Court
To prove fault in a personal injury case, you must show that another party caused an accident and that the accident resulted in injuries and damages.
If you believe you have the proof to bring your case to court or if you aren’t sure if you have the evidence needed, talk to a personal injury attorney today.
An experienced attorney can listen to the details of your situation and advise you on if you have what it takes to make your case. A lawyer can also help you gather the evidence necessary to win your case.
Don’t go at it alone if you feel you have been injured in an accident that wasn’t your fault. Get help today. Start with a free consultation with TJ Grimaldi.
TJ is an experienced personal injury attorney who knows what it takes to win a case and get the full compensation you deserve. Don’t question your case. Get answers today.
Schedule your consultation or call 813-226-1023 to talk to TJ today.
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