Explaining Fault in a Personal Injury Case

Personal injury cases can stem from just about any type of accident, including vehicle accidents and slip and fall accidents. When a person is injured in such an accident he or she will likely decide to file a claim against the at-fault person’s insurance company. If the claim is to succeed, there needs to be some form of negligence present by one party or another. If there is no negligence present then it can be very difficult to win a personal injury claim. Today, we will explain fault and negligence in these types of cases so you understand what is needed to be successful.

What is the Duty of Care?

There is a duty of care that is present in all things we do in life. We have a legal responsibility to treat people as safely as possible in all of our interactions. Should this not happen, it’s possible that a lawsuit could be filed because the duty of care has been breached. If the actions of the defendant either taken or not taken failed to meet the reasonable level of care for the circumstances, you could be eligible for compensation in a lawsuit. In order to succeed in such a case you will need to show the following:

  • There was a duty owed to you by the defendant
  • That duty owed to you was breached by the defendant
  • The breach shows causality in the case
  • The breach was a direct result of the damages suffered

All four of these elements must be present in a personal injury case in order to prove fault and negligence so that the case ends in your favor. If even just one of these elements cannot be proven, your case will not succeed and you will need to go back to the drawing board.

How Can I Prove Fault?

You will need to prove fault in any personal injury case as the plaintiff. It’s your job to show the defendant acted negligently. There are a few ways in which you can prove fault of the defendant in the case and they are as follows:

    • Show, with evidence, that the defendant was in violation of a law
    • Provide testimony from people who witnessed the incident
    • Offer your own testimony as to what occurred
  • Expert testimony about the incident or explanation of the evidence found at the incident scene

Schedule a Consultation with a Seasoned Attorney Today

Were you injured in a car accident or slip and fall on someone else’s property? If so, it’s important for you to schedule an appointment with an experienced personal injury attorney in Sherman, TX today. The team at David K. Wilson & Associates has decades of experience representing clients just like you who have suffered injuries.

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