Proving Negligence—Vital for Personal Injury Cases

Anyone who is injured in an accident might consider filing a personal injury lawsuit—and one of the basic points of a personal injury lawsuit is determining who is responsible for the accident. To do this, you must prove the offending party’s fault or negligence that led to the accident, and such can be done effectively with the help of a personal injury attorney.

In a personal injury lawsuit, there can be more than one person named as a defendant. Think about a commercial vehicle accident that was caused by the driver of the commercial vehicle. If you were injured in that accident, you could possibly name the driver, the business, and the insurance company for the business as defendants. That doesn’t necessarily mean that all three will be found liable for the accident though, but it does give you a foundation for showing how the action of each defendant led to the accident.

As your lawyer might tell you, there are four basic elements to proving negligence in a personal injury lawsuit. You have to show that you suffered losses because of the accident. You have to show that the defendant’s actions caused those damages. You have to show that the defendant didn’t uphold a legal duty. You have to show that under the circumstances, the defendant owed you a legal duty.

While proving negligence might seem difficult, it is definitely possible with careful analysis of all available evidence. Indeed, if you want to strengthen your case, you should work with an experienced personal injury lawyer who knows how to effectively prove the other party’s negligence.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s