Determining Fault in a Personal Injury Case

Determining Fault in a Personal Injury Case

Personal Injury Lawyer

If you were injured, you may have a strong case to file a personal injury lawsuit, which would allow you to be compensated for your injuries. The very first thing that is required is proof that the other party is at fault for your injury. If there is no way to show that the injury would not have happened without the actions of the other party, you likely cannot file a lawsuit. Remember, it is always best to discuss this matter with a personal injury attorney, but this guide will go over the basics.

Determining Fault

Someone is at fault for an accident or injury if they were acting negligent. Negligence essentially has four components, which can be boiled down to two aspects. It is easier to look at just the two most basic aspects before considering the full scope of negligence.

To be at fault, someone’s action must fall short of what is considered reasonable, and the actions must have directly caused harm to someone else. It can be difficult to prove these aspects because they can be subjective at times. First, to prove that an action falls short of what is considered reasonable, you must show that an average person would either expect this action to be taken or not to be taken. Second, you must show that the actions directly lead to the injuries. Even if someone was acting unreasonably, they are not at fault unless the injury only happened due to their actions.

Four Components of Negligence

To dig a little deeper, the law considers there to be four components of negligence. They are:

  • Duty
  • Breach
  • Causation
  • Damage

Duty and breach are essentially the same as the first aspect from above. An average person would expect someone to act a certain way, or in other words, they have a duty to act that way and they breached that duty. Causation and damage compose the second general aspect. The breach of duty must be the causation of the damage. Again, to put it simply, the actions must directly cause harm to another person.

If you decide to file a personal injury lawsuit, it is your attorney who will be responsible for proving these components to show who is at fault. As you can tell, these are complicated concepts, which is why it is such an unwise decision to represent yourself. Always hire a personal injury lawyer in St. Paul, MN to represent you so you have the best chance of winning the case as possible.

 


 

Thanks to Johnston | Martineau, LLP for their insight into personal injury claims and determining fault.

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