How to Prove Fault
By: LawInfo
Published: 11/2009
In order to be compensated for injuries incurred in a personal injury lawsuit it is essential for the plaintiff to be able to prove that the defendant was at fault for causing the injuries. The plaintiff must prove the legal elements of the case by having the factual proof to meet each element of his or her cause of action.
The Legal Case
In order to prove fault in a personal injury lawsuit a plaintiff must establish that the defendant is liable, or legally responsible, for the victim’s injuries. In other words, a plaintiff must identify the legal cause of action pursuant to which he or she is bringing the personal injury lawsuit and prove all of the elements of that cause of action. Often, personal injury plaintiffs sue defendants on the basis of negligence. In order to prove fault and thereby recover damages in a negligence lawsuit, the plaintiff must prove that the defendant owed the plaintiff a duty of care, that the defendant breached that duty of care by failing to act like a reasonable person would act given the circumstances and that the defendant’s breach of the duty of care caused the victim’s injuries which would not have happened but for the plaintiff’s actions.
Using the Legal Discovery Process to Prove the Elements of the Legal Case
Each element of negligence, or other legal cause of action, must be proven by the plaintiff. It is not enough for the plaintiff to allege that the defendant is at fault but rather the plaintiff, together with his or her personal injury lawyer, must prove each element of the case with admissible evidence.
The quest for admissible evidence to prove fault begins at the plaintiff’s first meeting with his or her attorney. The plaintiff’s attorney will ask his or client to explain what happened and for any documentation related to the accident or the victim’s injuries. The plaintiff’s lawyer may later put the client on the stand to testify about the accident or injuries or use the documentation as evidence at trial. However, the plaintiff’s lawyer will typically need additional information that cannot be provided by the plaintiff in order to prove fault. The plaintiff’s lawyer will use the formal discovery process to request documentation from the defendant, to depose witnesses and to conduct a thorough investigation.
As the plaintiff’s lawyer obtains information relevant to the case, the attorney will apply that information to each element of the case. In a negligence action, for example, the attorney will prove fault in the case by using the evidence obtained from his own client and during discovery to make a case to the court that each element of negligence is satisfied by a preponderance of the evidence.
Plaintiffs often know who was responsible for the victim’s injuries. However, in order to recover damages each element of the cause of action must be proven with admissible evidence. A personal injury attorney can help you gather the evidence and make the legal arguments necessary to prove fault in a personal injury action.
Other Construction/Worksite Accidents Articles
-
Legal Negligence
Negligence is a term that is commonly used to mean that someone did not act with the appropriate level of care. However, when negligence is used as a legal term it … More -
Settling a Personal Injury Lawsuit
Recovering damages for injuries sustained in a personal injury accident does not always require a jury verdict. Often, a victim will file a lawsuit and, with the … More -
Common Personal Injury Accidents
Personal injury accidents can happen anywhere and at anytime. However, some types of accidents are more common than others. It is important to understand … More -
When is Someone Liable for Someone Else's Injury?
Accidents happen. Every day in the United States, people are seriously hurt and killed in accidents. Whether a person is hurt in a motor vehicle accident, a … More -
The Stages of Personal Injury Lawsuit
Personal injury litigants should understand the different stages of a personal injury lawsuit. Each stage is an important part of determining whether or not a … More -
Does a Personal Injury Lawsuit Need to be Filed Within a Certain Time?
All personal injury lawsuits need to be filed with the court within a certain amount of time. This period of time is known as the statute of … More -
When to Hire a Personal Injury Attorney
When you suffer a personal injury in an motor vehicle accident, or due to a manufacturer‘s product defect; or from a medical error or malpractice, it is easy to … More
