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Prove Defendant Was at Fault in Personal Injury Case

Prove Defendant Was at Fault in Personal Injury Case

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Being injured is certainly devastating, particularly when it is attributed to somebody else’s negligence. Dealing with personal injury cases is strenuous, but it is necessary to get you the compensation you deserve. Instances of personal injury vary in causes, such as slips, falls, automobile crashes, work-related injuries, medical malpractice, or any other injury types inflicted by others. If you or a loved one suffered an injury, it is understandable that you may not be mentally and physically prepared for filing a claim. As someone who does not have the full knowledge of the law, you will need to enlist the help of a specialized lawyer to get to the bottom of your case.

Proof By Negligence

Most personal injury cases arise due to the negligence of one or more parties. By negligence, we mean the legal theory that must be proved to hold someone liable for the harm caused. It is a requirement in any personal injury lawsuit, such as slip and fall accidents and car crashes. Negligence can also be falling under the standard of the expected care of a rational person. In any case, negligence depends on certain elements that help in proving it in court.

●     Duty

While evaluating a personal injury case, the first thing to be reviewed is the duty of care owed by the defendant to the plaintiff. In many cases, the relationship between the two parties requires a legal duty. This is evident in the doctor-patient relationship. Duty of care can also be owed by drivers of automobiles towards pedestrians and motorists.

●     Causation

Causation is an obvious element of negligence. It is how the harm caused by the defendant is proven. While someone may act negligently, this does not necessitate concrete proof. For instance, you cannot fault a driver if the pedestrian was absentmindedly texting on the phone while crossing the street.

●     Breach

The injured person must prove that the defendant has committed an act of breaching duty, which goes against how a reasonable person should act. A reasonable, in law, is a representation of how the average layman would act responsibly in a given situation. If the defendant does otherwise, then it simply becomes a direct breach of duty of care.

●     Damages

Damages play a vital role in court, as they are the physical proof of the injury. Damages include loss of wages, medical bills, property damage, and pain and suffering.

Take Pictures of The Scene

The site of the accident is where you can get as much evidence as possible. While your main goal should be ensuring your safety, you should remember how important gathering evidence is if you want to file a claim against the person at fault. The Douglasville-based personal injury attorneys at recommend obtaining visual evidence from the scene of the accident or injury. This typically entails photos of property damage. Photos strengthen your case in court, as they help your lawyer in supporting your personal injury claim.

Gather Evidence

Any injury sustained by someone can be proven with sufficient evidence. The first thing you need to do is receive medical attention as soon as possible. If the accident was reported, police will call it in and conduct the necessary procedures. It is imperative that you obtain documentation, such as police and medical reports in addition to medical bills. Photographic evidence is great, but when it is supported with the necessary documents, the case will proceed swiftly in your favor.

Talk to Witnesses

Personal injury claims often call witnesses up to testify and support your case. This is useful in many cases of automobile collisions, slips and falls, and medical malpractice accidents. Speak to witnesses about what they saw, heard, or even documented. Don’t forget to get contact information, as you will need it for their testimonies later on. Expert witnesses can stress how the negligent act was committed and what actions should have been done to prevent it.

File Your Claim Early

Personal injury attorneys highly recommend filing your claim right after the accident or injury is sustained. There is a time limit for bringing the case to court. Certainly, your health and wellbeing are a priority, but you should never compromise your right to compensation. In early lawsuits, the evidence is still fresh to build up a strong case in court.


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