How to Prove Fault in a Personal Injury Claim
February 20, 2021
If you or a loved one sustained an injury caused by the actions of another individual, company, or entity, you should be able to recover compensation by filing a personal injury claim against the at-fault party. However, these cases can become challenging, particularly when it comes to determining fault. Here, we want to discuss how fault is determined for a personal injury claim in California. It’s important to understand the importance of working with a skilled attorney who has the experience and resources necessary to conduct a complete investigation into your claim.
Gathering Evidence Takes Place in Various Ways
The number one way to prove the fault of the other party in a personal injury claim is to have evidence. There are various types of evidence that can be used to determine fault in a personal injury claim, and we need to point out that no two places are exactly alike. Indeed, the evidence needed to prove liability in a car accident case will look different than the evidence needed to prove liability for a slip and fall accident case.
However, regardless of the type of injury we are discussing, there will almost always be evidence that can be gathered right after an incident occurs. If a person does not need immediate medical care and if the scene is safe, a person can use a phone or another type of camera to take photographs of everything they see. Some photographs that can help prove liability could include multiple snaps of the following:
- Any property damage at the scene
- The injuries themselves
- Possible causes of the incident
- Traffic or weather conditions
- Debris around the scene
- Skid marks
- License plate numbers
At the scene of an injury incident, it is also important to get the names and contact information of any eyewitnesses. It may be difficult to get full statements from eyewitnesses right after an incident occurs, but if you have their name and contact information, your insurance carrier or an attorney and talk to these individuals later.
Additionally, it is crucial that an injury be reported to the appropriate authorities after it occurs. For car accident claims, this almost always means law enforcement. This could also be an employer for a work injury or a property owner for a premises liability claim.
After an incident has occurred, that does not mean that the evidence gathering has stopped. We strongly suggest that you work with a skilled Orange County personal injury attorney who can get to work gathering additional evidence. An attorney may be able to get footage from nearby cameras on homes or businesses, and they can work through the court system to obtain various other types of evidence that is harder for injury victims to gather. Depending on the situation, this could include:
- Property owner safety records
- Property owner maintenance and inspection records
- Vehicle “black box” data
- Mobile device data
- Commercial truck driver/operator data
Working With Accident Reconstruction Experts
In some cases, it may be necessary to work with a skilled accident reconstruction expert who can use the evidence that has been gathered as well as their knowledge of science and mathematics to piece together what happened. Action reconstruction experts can help paint a picture of fault for insurance carriers or even a jury in a personal injury trial.
Contact a California Personal Injury Lawyer
Complex personal injury claims need to be handled with assistance from a skilled personal injury lawyer in Orange County. These claims can become incredibly challenging, time-consuming, and costly. However, your injury attorney will likely take the case on a contingency fee basis, which means you will not owe the attorney a dime until after you receive the compensation you are entitled to.