Can Personal Injury Fault Be Proven?

Personal Injury Lawyer 

personal injury lawyer

When the courts look at a personal injury case, the most important question they ask is which party in the accident was at fault? Fault is central in the legal system because once it has been established, the party that is to blame must pay all damages suffered by the injured party.

Your lawyer and both insurance companies will carry out an investigation into who is at fault after an accident. If the blame is easily determined, the insurance company will begin negotiations with your personal injury lawyer Minneapolis MN. If the parties disagree on responsibility, a lawsuit will be filed, and a trial is often the result. Here are some of the ways your personal injury attorney can prove fault.

The Blame Game

When accident investigations commence, you can expect the blame game to begin. Everyone wants to believe their side is innocent, so that means the other side must be guilty. Proving fault for an injury commonly arises out of proving one party or the other acted in a negligent manner. Four things must occur to hold a person negligent.

  • Owed duty: There must be a duty owed to the injured party by the other person. An example would be the duty of drivers to appropriately control the vehicle they drive.
  • Breached duty: That legal duty must be breached. For example, the driver was eating and looked down to grab a drink or French fry.
  • Caused harm: The actions of the careless driver (defendant) must cause harm or injury to the other driver (plaintiff). Continuing the example above, the inattentive driver rear-ended another vehicle.
  • Suffered damages: The plaintiff suffered damages resulting from the collision, including medical bills, property damage, lost income, and physical, mental or emotional pain.

The Non-traditional Fault

Sometimes the standard of duty owed doesn’t apply to the negligent actions of another. This can include

  • A harm was intentionally caused
  • The dangerous actions of another resulted in a strict liability breach
  • There was a willful violation of a statute

Examples of these three non-traditional faults would include an intentional battery, possessing a wild animal as a pet, or hitting a pedestrian while recklessly driving a vehicle.

The Legal Defense

If you have any questions about your personal injury accident, contact a local personal injury lawyer such as Johnston | Martineau PLLP  soon as possible. Proving and defending the fault for the accident should be left in the hands of someone that understands the excuses and defenses the other party will use. An experienced personal injury lawyer Minneapolis MN understands how to provide a legal defense, which means you will get fair compensation for your injuries.

June 18th, 2021|Legal Advice|