All About Fault: The Number One Element Of A Personal Injury Case
According to Legal Match, negligence is the main theory behind most personal injury cases, and finding the negligence in a situation is what proves fault. You will have a hard time winning your case if you cannot prove that the other person is at fault, and therefore proving fault is the number one element for winning a personal injury case. After you are wrongfully injured, you will need to hire a lawyer to help you prove this.
What is Negligence?
When the term "negligence" is used in a personal injury case, it is not saying that the defendant purposefully meant to cause you harm. It is saying that the defendant was careless with his or her actions, and this carelessness caused injuries, damages, or harm to you.
Personal injury cases rarely include intentional harm, but they almost always include negligence. If you are injured because someone intentionally meant to cause you harm, this type of case would usually be treated as a criminal case.
How is Negligence Related to Fault?
While the act of being negligent is not a crime, if the negligence leads to an injury, it can be considered a crime. The goal of a personal injury case is to use the evidence of negligence to prove the defendant's fault. In order to do this, you must be able to prove these three things:
- The defendant clearly did some type of action that was negligent.
- The plaintiff suffered injuries as a direct result of these actions.
- The plaintiff has expenses that are directly associated with the injuries.
These are three important elements that link negligence to fault, but the more important aspect of this is proving these things. The hardest part to prove is the first element, which means that you must have evidence to prove that the defendant committed some type of breach that was negligent.
How Do you Prove This?
This is the step that really requires a good attorney. As soon as you hire an attorney, it is his or her job to collect the evidence needed to prove your point. Because most personal injury attorneys work on contingency (meaning they only get paid if the case wins), they are generally very selective about the cases they accept. In other words, if an attorney accepts your case, it is because he or she feels you will win.
After the lawyer accepts the case, he or she will begin working hard to collect evidence. To do this, the lawyer will research the incident and find out if there are witnesses. For certain types of personal injury cases, lawyers will conduct background checks on the defendants. Medical malpractice cases usually involve this because a lawyer will want to make sure that he or she knows if this particular doctor or provider has a history of wrongdoings or negligence.
All of the evidence must be directly linked to the case, and it can all be used in court. If there is a lot of evidence, it is easy to prove fault, and the defendant might agree to settle the case outside of court. This is a better way to settle any type of personal injury case, but it is not always an option.
How Long will it Take?
Personal injury cases can drag out for years, but according to All Law, you can settle your case faster if you are willing to settle for a lower settlement amount. The length of time your case will take will depend on:
- How hard it is to find evidence
- The severity of your injuries
- If the defendant will admit fault
Settling a case will take time, and it is in your best interest to let your attorney handle the timing issues of it.
Personal injury law is designed to protect people from wrongdoings and negligence. If you are injured and believe that someone else should be held accountable, click here or talk to a personal injury lawyer today to find out if he or she will be able to establish that the other person is at fault.
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