How to Prove Fault in Personal Injury Cases

Proving fault is critical in winning your personal injury case. However, a simple case of “he said, she said” will not suffice. You must provide evidence to support your claims that the other person is responsible for your injuries. To do this, you must provide the proof that the defendant is responsible for your injuries.

How to Prove Fault in Personal Injury Cases

In order to prove a person is at fault, the law says that you must:

  • Show that the defendant had a legal duty of care to you, under the circumstances
  • Prove that the defendant failed to uphold his or her legal duty of care
  • Show how the defendant caused the accident or injury that resulted in personal injuries for you
  • Show evidence that harm or injury occurred as a result of the defendant’s actions (or lack thereof)

    • Solid Proof of Fault for Personal Injury Claims

    Fault is best proved by measurable factors. These (mostly) concrete details provide support for your claims of fault with little room for alternate interpretations. Some examples of facts to help prove fault are:

  • Motor vehicle accidents. Factors such as medical toxicity screenings in the form of drug and alcohol lab test results, witness testimony to observing infractions in traffic laws such as breaking speed limits, illegal maneuvers, or erratic driving patterns, or defective automobile parts or equipment all play into proving fault in a personal injury case.
  • Premises liability. You may have to prove that you were not trespassing when the injury occurred. This may include providing logs of phone calls to the residence to announce your arrival, or photographs of “no trespassing” signs (or lack thereof). If the defendant can prove that you were trespassing on property when the injuries occurred, they may have limited or no liability for the accident under the law.
  • Slip, trip, and fall. One of the best tools in proving fault in a slip, trip, or fall personal injury case is photographic evidence of the accident site. If the defendant showed negligence in maintaining the property, and that negligence led to your injuries, you will need to produce evidence of the physical conditions that led to your accident.

    • Admissions of fault from the defendant are rare, but it is always a good idea to check with your reporting first responders to the scene, such as EMS, police, and medical personnel. They may have documented any admissions of fault from the defendant made in the minutes following the accident.

    One thing to remember when proving fault in a personal injury case is that the negligence does not have to be intentional. Even accidental negligence or an obvious indifference does not excuse the defendant from liability.

    A skilled personal injury lawyer can use legal investigation to uncover any further proof of fault that will aid you in your personal injury case. Even if you begin your case with no solid proof of fault, a good lawyer can help you uncover the truth and prove your case in court.

    IF YOU, OR A LOVED ONE, HAVE BEEN SERIOUSLY INJURED IN AN ACCIDENT – CALL TODAY FOR A FREE CONSULTATION!

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    Disclaimer:

    The personal injury, auto accident, wrongful death, and negligence information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results portrayed here were dependent on the facts of a particular legal matter and results vary from case to case. Please contact a personal injury lawyer or wrongful death attorney at Bernard Law Group for a consultation on your particular case. This Bernard Law Group is licensed to practice law only in the States of Washington and California, but is affiliated with licensed attorneys in other states.

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