Sometimes, people get hurt due to their own negligence or because of the negligence of others. Proving that your injuries occurred due to the actions or inactions of another party is the most crucial aspect of any personal injury case.
According to Jorge Flores Law, everything that you do from the moment your accident occurred will play a vital role in your personal injury case. Here is how to prove liability in a personal injury case.
The Duty of Care
A personal injury can occur while you are driving, and another driver crashes into you or while walking on someone else’s premises and you slip and fall. In these situations, you have to prove that the other party had a duty of care and that they breached that duty.
For example, in car accidents, you must prove that the other driver didn’t act as a reasonable person would in similar circumstances. In a slip and fall accident, you must prove that the property owner failed to maintain their premises or place warning signs about possible hazardous conditions.
Breach of Duty and Causation
To prove breach of duty in a personal injury case, it’s crucial to take photos of the accident scene to show your injuries, the environmental conditions, and the damage to your vehicle and the other vehicles, depending on the type of accident that occurred.
While you are at the accident scene, you must also get the contact information of eyewitnesses who may have seen the incident occur. However, the most important aspect is to seek medical attention and contact authorities.
By seeking medical attention, you will prioritize your health and gain the necessary medical reports to prove that your injuries occurred and establish a causal link. The police may also write an accident report.
With the medical reports, witness statements, and police reports, you can establish causation. You should also consider working with a personal injury lawyer. They can further strengthen your claim through expert testimonies provided by medical or accident reconstruction experts, help gather evidence, negotiate, and provide legal representation if further challenges arise.
In personal injury cases, you can seek compensation for your injuries, medical expenses, lost wages, property damage, pain and suffering, emotional distress, and more. By working with a personal injury lawyer to help you gather proper documentation and guide you throughout the process, you gain a fighting chance at maximizing your compensation claim.
Sometimes, you might need to initiate a personal injury lawsuit to gain compensation. This occurs if the liable parties and their insurance companies cannot reach an agreement. However, if you have a personal injury attorney, you will know if this is the best course of action and if you have a good enough case to take to court.
In instances where the evidence you gathered may not be enough, your lawyer will help you gather further evidence to strengthen your claim.