How Fault Is Proven in Personal Injury Cases

Personal Injury Lawyer

Personal injury cases revolve almost entirely around proving fault. It is always a good idea to leave that aspect of the case to your attorney, but it can be a good idea to have a basic understanding of that process. There are several different types of fault, and your personal injury lawyer will advice you on which type would have the best chance of being successfully established.

Types of Fault

There are many ways to prove someone is at-fault for an injury, but there are three primary types of fault that apply to most personal injury cases. These are:

  1. Negligence – Proving negligence is the most common and straightforward way to prove someone is at fault for an accident. For someone to be negligent, they need to have a legal duty toward the victim. This may be a duty not to drive drunk, or to create a safe working environment, or to not interfere with a construction zone. Proving negligence is essentially proving that the defendant’s legal duty was breached and it directly caused damages to the victim. Another big part of establishing negligence is that the defendant failed to meet what an average person would consider reasonable expectations.
  2. Malicious intent – If you believe your injury was a result of actions taken intentionally and maliciously, then there is no need to prove negligence. In order to prove fault through malicious intent, there are two components that need to be proven. First, the action must have been taken voluntarily. Second, the outcome of injury must have been reasonably certain given the actions or the desired outcome of the defendant.
  3. Strict liability – It is quite rare for strict liability to play a role in a personal injury case. Essentially the only time this type of fault crops up in court cases is in cases involving product liability. Occasionally, cases involving wild animals or abnormal situations may fall under the strict liability laws.

Winning a personal injury lawsuit essentially means that you have proven that the defendant is at-fault for the injuries. How this is proven may vary greatly, but in one way or another, the defendant needs to be the responsible party for the damages. There are strict legal processes for establishing this proof, so you should always trust a legal professional to make your case for you. It is incredibly difficult for anyone representing themselves to prove fault, no matter how simply you may think the case may be. Before you do anything else, hire a personal injury lawyer.

Source: Personal Injury Lawyer Fort Lauderdale, FL, Needle & Ellenberg, P.A.

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