Liability is one of the hardest aspects of personal injury claims to prove. To win your personal injury case, you must establish the legal responsibility for the injury. Personal injury laws are based on a principle. If someone else’s action or inaction injured you, you could be liable for damages. Here in this article, you’ll learn the steps required to establish liability in a personal injury case.
- Comprehending Liability Under The Law
To establish negligence in a case of personal injury, the injured party must prove that the other side (the defendant) had acted recklessly and negligently. This led to injury. The framework used by the law to prove negligence is typically made up of four main elements.
- Duty: There was a legal requirement for the defendant to act in order to prevent harm being done to others.
- Breach of Duty: Failure to perform duty of care by the defendant.
- Causation: A defendant’s act directly caused the plaintiff to be injured.
- Injury: An injury is a physical, emotional, or financial harm that the plaintiff has experienced as a direct result of the defendant’s actions.
To prove the defendant’s liability for the harm, the four elements listed above must be established. Let’s go into more detail about each element.
- Demonstrating A Breach Of Duty
Once the duty to care has been established, the next step will be to prove the defendant’s breach of that duty. A breach of duties occurs when the defendant fails in their duty to act as a rational person would have under similar conditions.
For example, if someone texting while driving causes a car accident, it would probably be considered a breach of duty. The same could apply to a landlord who does not fix a broken staircase if a person is injured.
To prove a violation of duty, a plaintiff may use different types of proof, including:
- Eyewitness evidence: Individuals who saw the defendant in action can give testimony about what they observed.
- Video footage: Surveillance cameras or dashcams could capture the defendant’s negligence.
- Photos: Images showing the accident site or hazardous conditions at the time of the incident can help to demonstrate the defendant’s lack of responsibility.
- Proving Causation
Even if a plaintiff can prove that a defendant has breached his duty of care, he must show that this breach caused the injury. This element, causes, consists of two parts.
- Actual Cause: A defendant’s action was the direct cause. This is commonly referred to as the “but” test. This means that if it hadn’t been for the defendant’s negligence, the injury might not have happened.
- Proximate Cause: It was predictable that the injury would occur as a result. In other words, the plaintiff suffered harm that was not far removed from the defendant’s failure to perform their duty.
In some cases, an intervening element, such as a third party’s action, can interrupt the chain of cause. It is more difficult to establish causality when this happens. An experienced personal injury attorney can demonstrate the negligence of the defendant.
- Evidence Of Damages
Finally, the plaintiff is required to show that the defendant was negligent and caused them actual damages. Damages are the physical, mental, and financial damages that the plaintiff has suffered because of the injury.
Some of the common types include:
- Medical bills: Costs incurred for hospitalization and surgery.
- Wage loss: Income losses due to absences from work caused by injury.
- Compensation for pain and suffering: Compensation is based on the emotional and physical distress caused by injury.
The plaintiff needs to collect documents that prove the extent and nature of his or her damages. This includes medical records, bills, and pay stubs. For cases that involve long-term injury or disability, doctors and financial expert testimony may be required in order to show how the injury will affect the plaintiff’s health and earning power.
Conclusion
Establishing culpability in a personal injury lawsuit requires demonstrating that the defendant owed due care, that they violated that obligation, that they caused the harm, and that damages were sustained. The key to a successful outcome is to present compelling evidence and collect solid proof. Hiring a personal injury lawyer can help you navigate the complex process.
