DETERMINING WHO IS AT FAULT IN YOUR INJURY CASE


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DETERMINING WHO IS AT FAULT IN YOUR INJURY CASE

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Posted By Gruenberg Kelly Della || 4-Oct-2017
In any personal injury case, one of the key concerns is determining which party is liable for your injuries. Unfortunately, establishing fault can be complicated. It’s not as easy as asking the person who caused your injuries to compensate you. With the help of an attorney, you must prove that the at-fault party is responsible for paying compensation, whether it’s through a settlement or a court order.

Who decides liability depends on the circumstances of your case. Most often, attorneys on both sides will investigate the case, uncover evidence and make a final liability determination. If insurance companies are involved, they usually conduct their own investigations and make their own liability decision. If liability cannot be agreed on, you may be forced to file a personal injury lawsuit and allow the court to make the ultimate decision.

Proving Fault
Most personal injury claims are filed because one of the parties involved in the accident acted negligently. In order to have a successful personal claim, the following elements must be proven for personal injury damages:

1. A legal duty owed by the defendant to the plaintiff must exist.
2. The plaintiff must prove the defendant breached this legal duty.
3. The defendant must be the cause of the plaintiff’s injuries.
4. The plaintiff must incur financial damages stemming from the incident, such as medical bills, lost income and property damage.

Not all injury claims involve negligence. You can still prove fault in other ways including establishing intentional conduct, providing negligence per se, and showing the claim is subject to the “strict liability” standard of proof. Intentional conduct is conduct done voluntarily and with a purpose, such as targeting a victim and punching them in the face. Negligence per se applies when there is an unexcused violation of a statute, such as reckless driving. Finally, strict liability applies to situations in which a plaintiff suffers a foreseeable injury, like in product liability cases.

To learn more, contact our Long Island personal injury lawyers at Gruenberg Kelly Della.

Call (888) 305-6372 or contact us online today.