How Is Liability Determined in a Personal Injury Lawsuit?

Liability refers to a legal obligation that another person has. In a personal injury lawsuit, the victim must demonstrate that the other party was negligent, meaning they did not honor their liability and caused the accident. A person who is liable holds legal responsibility for their actions. Consider how liability is determined in a personal injury lawsuit. A Houston personal injury lawyer can assist with your claim.

Proving Negligence

To prove negligence in a personal injury accident, the victim must demonstrate the following against the defendant:

• A duty of care existed, meaning the other person owed the victim a sense of safety or expectation of safety
• The duty of care was breached, meaning that they did something or did not do something they were expected to
• The breach of the duty of care caused the accident to occur
• The accident caused you financial and physical harm and loss

Demonstrating this is done by gathering evidence to substantiate all aspects of the claim. There are various ways to do so.

Evidence That Can Help to Prove Liability

The burden of proof is always on the shoulders of the victim. The person at fault does not have to prove they are innocent. That is why it is so important to have access to comprehensive evidence that shows what happened, why, and who is at fault. Some of the evidence available to demonstrate what occurred and who is at fault may include:

• Statements from witnesses who saw what occurred
• Mobile phone records
• Police reports
• Accident reconstruction results
• Accident expert statements
• Medical reports

Depending on the type of accident, it may be possible for a victim to show that there was more than one party responsible for the accident. In a personal lawsuit, you can name more than one person responsible for your losses, but you must show that they failed you and that failure caused an accident with injuries.

Also, note that factors may prove that some of the claimed losses are not those of the defendant. For example, if there is evidence that the victim did not get medical treatment right away, that could raise doubts about whether the injury was related specifically to the accident. If two witnesses have different stories, that also creates doubts that may be used against the victim to show that the other person was not guilty.

Attorneys Often Make a Difference in These Cases

Proving liability is critical to receiving a personal injury settlement. It is not simplistic to do. It is helpful to hire a personal injury attorney in most cases like this. That is due to a number of factors:

• Attorneys have experience in determining what evidence may be available. That means going beyond what the police report provides.
• Attorneys also will have a more objective opinion. This allows them to think clearly about the accident to determine all parties at fault.
• Your lawyer will also help you gather information that may be off-limits to you, such as medical records.

Even if you try to prove fault yourself, which you can do, you will need to look at all sides of the situation and be able to understand the law’s definition of fault. That is not always easy to do. Attorneys alleviate much of the frustration of the process and help you demonstrate liability to the fullest level possible under the law. Contact the experienced injury attorneys at The Doan Law Firm for assistance today.