Proving Fault In Your Personal Injury Case
If you have been injured due to the negligence of another, you may be entitled to financial compensation for your pain and suffering. It's estimated that only about 5% (or one in twenty) personal injury cases go to trial. In order to mount a successful personal injury case in court, your attorney will need to prove that someone else was at fault for the accident that caused your injury.
Here are two things you need to know about proving fault in a personal injury trial case in order to ensure that you will be able to prove you are entitled to financial compensation for your injuries.
1. You must establish clear duty of care in order to prove negligence.
Everyone realizes that accidents can happen, but in order for you to be eligible for financial compensation for your accident it's essential that you be able to prove the party at fault had a clear duty of care.
According to the law, duty of care is the requirement that an individual act in a manner that the reasonable man would consider watchful, cautious, and attentive. If an individual breaches the duty of care and an accident occurs, then financial compensation could be awarded to the injured party.
If you want to prove fault in a personal injury case, you must be able to prove that a duty of care was breached, and that this breach was directly at fault for causing your accident.
2. You must determine if you contributed to the accident in any way.
Even if a duty of care was breached, it may be possible that you contributed to the cause of the accident as well. When mounting a case for financial compensation on your behalf, a skilled personal injury attorney will gather evidence regarding your fault in the accident.
If your attorney does think that your actions were partially at fault, he or she may advise you that comparative negligence theory could be applied to your case. Comparative negligence occurs when the blame is split between one or more party, and the damages awarded are based on the percentage of fault each party bears.
In order to successfully sue for financial damages after being injured in an accident it is essential that you be able to prove fault in a personal injury case. Establishing a clear breach of duty and looking for comparative negligence will help you prove fault in your own case in the future. For more information about personal injury lawsuits, visit a website such as http://gomezmaylaw.com/.