How Fault Is Determined In A Personal Injury Claim

Just because you have been injured in an accident doesn’t necessarily mean you have a case and are deserving of financial compensation. Before you can take legal action and pursue financial compensation, you must first have evidence that the defendant you are suing is at fault for the accident and therefore your injuries. This may appear like an easy task, especially if you believe the case is straightforward and black and white; however, in many cases, your claim can be more complicated than you originally thought.

Making your points and arguments in court can be a very challenging task. Personal injury law can unfortunately be a very complex system and determining fault may be more challenging than expected. If you have been injured, a personal injury lawyer can give you the best chance at determining fault and recovering financial compensation.

Common Personal Injury Claim Issues

When determining liability, civil courts have to take into account a number of factors, including the victims actions as well as the defendants. Some common questions that must be addressed include the following:

  • What duty or responsibility did the defendant owe the plaintiff?
  • If the defendant acted differently, could he or she have prevented the accident?
  • Was there one action that caused the entire accident? In other words, if this action was changed, could the accident have been avoided?
  • Did the plaintiff or victims actions contribute to the accident at all?

According to the website of Crowe & Mulvey, LLP, by answering the above questions, the court can determine if the defendant in question is actually at fault and can also determine how much financial compensation the plaintiff can recover to pay for damages. Going through a personal injury lawsuit is a long and costly process that can take months or even years. Many people do not have the time or means to go through the extended research required to fight a case in court especially after being hurt, so hiring an advocate to handle the legal battle affords them the means to focus on their recovery.

Not all injury cases end up in court. Often they are settled outside of court in order to save on the exorbitant costs of going through the court system. A lawyer’s strengths can help the suit turn in that direction.


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