How Do You Prove Who Is At Fault In Personal Injury Cases?

Personal injury accidents happen all of the time because ‘to be human is to err.’ For example, T-bone car accidents and slip and fall accidents are all too common. They are the reason why motorists are required by law to carry auto insurance, and employers are required to carry workers’ compensation insurance. If you are ever involved in a personal injury accident, read this article for valuable information regarding proving the party who was at fault. Then hire a personal injury lawyer in Gilroy, to help you win your claim.

Preventing personal injury accidents is the law

Since negligence is what causes personal injury accidents, all people in society are legally required to act in ways that prevent this. However, there are some instances when the law requires a person not to act. Your personal injury lawyer knows what these instances are:

● Negligence per se
● Comparative and contributory negligence
● Vicarious liability/Respondeat Superior
● Third-party liability
● Strict liability
● The actual and proximate cause
● Economic damages
● Non-economic damages
● Punitive damages
● Tort reform

What you need to know about personal injury lawsuits

Your personal injury lawyer in Watsonville will tell you the following if you press a personal injury lawsuit:

● You will need to prove that the defendant’s negligence caused your personal injury
● You will need to prove that the defendant’s breach of duty was the proximate cause for your personal injury

How will the defendant try to claim innocence?

Personal injury lawyers know all too well that the defense will try to claim innocence by doing the following:

● Claiming that he or she did not have a duty of care in terms of acting towards you
● Claiming that he or she exercised reasonable care in his or her actions towards you
● Attacking the premises of your personal injury claim through an affirmative defense
○ The most popular forms are comparative or contributory negligence
● Claiming comparative negligence – this will reduce the defense’s fault and need to compensate you by the degree of his or her comparative negligence. The defendant can also claim damages up to the amount of his or her comparative negligence
● Claiming assumption of risk. In this case, the defense will claim innocence by asserting that you were completely aware of the risks involved in undertaking a certain activity that involved the defendant.

You can prove the defendant is guilty

You can prove the defendant’s guilt provided you have a good personal injury lawyer who can further educate you on the concepts discussed above. This will allow the two of you to craft an iron solid personal injury case.