Proving Fault in a Personal Injury Claim

Whether your personal injury case is processed through trial, arbitration, or mediation, in order to obtain damages, you will need to prove that the defendant is responsible for your injuries. There are complex factors involved in determining liability, and hiring a talented attorney is the best way to make sure the appropriate parties are held responsible.

Factors in Determining Liability

The degree to which a defendant is held responsible for a plaintiff’s injury depends on several factors, including:

• Strict liability. Under the legal doctrine of strict liability, a defendant can be held responsible for damages caused by his actions or negligence, regardless of whether the accident or injury was his “fault”.
• The defendant’s knowledge, experience, and background. For example, in an emergency situation, a doctor who gives first aid would be held responsible for a higher level of care than a layperson performing the same action.

• Whether the defendant is solely responsible for the injury. In situations where two or more parties (including the injured) caused an injury, comparative negligence applies, and each party can be held partially responsible.
• Whether the defendant’s actions directly caused the accident. A defendant can be held liable if he is an injury’s proximate cause (his actions directly caused the injury). However, if he is the intervening cause (his action set off a chain of events that eventually resulted in injury), he can be dismissed from responsibility.
• The location and circumstances of the accident. Depending on where and how the accident occurred, product, premises, and liquor liability, slip-and-fall, dog bite, and medical malpractice injury, and other laws may affect a defendant’s liability.

Contact a Personal Injury Attorney

Proving the defendant liable is essential in obtaining damages for your personal injury. Locate a skilled attorney near you who can hold the appropriate parties liable for their actions and pursue the compensation you deserve.