It’s important to establish a liability in a personal injury claim. When you’re able to ascertain that another person was responsible, you’ll get compensated. To succeed with a personal injury lawsuit, you must prove that someone acted negligently or recklessly. The complainants always seek the attorney’s help to prove that somebody was partially or fully responsible for the injury.
Some of the ways to establish a liability in a personal injury claim include:
- You Need to Prove Negligence
To prove negligence in a court of law, you need the following five elements:
- Duty: You can prove negligence by shewing that the defendant had a legal responsibility to protect the plaintiff which he or she never did.
- Breach of duty: The defendant failed either knowingly or irresponsibly to protect the plaintiff. For instance, the act of not indicating “slippery floor” could be a breach of duty.
- Proximate cause: You can prove negligence by proving that the defendant was able to foresee that his or her actions could cause harm to someone.
- Cause in fact: Occurs when the defendant’s breach of duty was the cause of the injury to the complainant.
- Damages: The court will rule in your favor if you can prove that you suffered verifiable psychological, financial or physical damage.
- When You Share Liability
This may be applicable when two parties involved in an accident, share liability. In some countries, you can still collect damages in proportion to your liability. On the contrary, some countries remain strict and maintain that you cannot collect any damages if you were partially to blame in the accident. It’s therefore better to understand the rules of your states.
- Contact a Lawyer
Establishing liability and negligence may be difficult to anyone – that’s why most people prefer legal help after accident. A lawyer has the ability to prove liability, and present the evidences in court. Whether your injuries were as a result of car crash, premises liability or malpractices, an attorney will help.
The burden of proving the cause of an accident is on the plaintiff. You must prove that the defendant caused the injury to you. For instance, if suddenly a car breaks down and the owner parks the car beside the road to repair it without putting a sign, he or she can be held accountable.
- Strict Liability Cases
This is another way of establishing a liability in a personal injury. When you can prove that the defendant was able to prevent the accident or harm, then the courts could rule in your favor. The only challenge is that you must prove beyond doubt that the defendant was capable of preventing the harm caused to you. In most cases, this would be possible with the help of an attorney.
Proving a liability in a personal injury isn’t easy. It needs an expert – an attorney. It’s therefore important to contact a lawyer to help you with the case. It will not only save you time, but also save you the agony of losing a case just because you don’t have the knowledge of winning such cases.