4 Ways To Prove Fault in a Personal Injury Case

November 26, 2019 in Personal Injury Articles | MARTIN WREN, P.C. | LEAVE A COMMENT

Personal Injury Lawyer

When you are injured due to someone else’s negligence, there can be a variety of factors that might determine whether you can sue for damages, such as proving fault. When you take a case to court, the burden of proof will likely be on you, so having solid evidence of the other party’s negligence can be key. If you are preparing a lawsuit, there are a few ways you can prove fault and increase your chances of winning the day in court.

  1. Hire an Attorney 

If you need help proving that someone was responsible for your injury, then it may be wise to hire an attorney before you begin. An experienced lawyer who has handled personal injury cases in the past might have the know-how to examine yours properly and find evidence that the other party was at fault. This may be especially helpful if your injury has limited your mobility and it is difficult for you to gather data on your own.

  1. Take Photo Evidence 

It can be challenging to prove fault without visual evidence. Photos and videos can help strengthen your case, especially if they are taken on the same day of the accident. For example, if you were struck by a negligent driver while traveling in a crosswalk, taking photos of his or her car, your injuries and the crosswalk itself may help you prove that you were crossing the road at the proper place and were not at fault in any way.

  1. Gather Witnesses 

Having witnesses to your accident may go a long way in helping you prove who was at fault. Because some judges do not accept written statements and describing what a person said is usually considered hearsay, you may want to bring forward as many as you can. Ask them to bring photo or video evidence if they have any.

  1. Prove Liability 

If an individual’s property caused your injury through neglect, then he or she will likely be liable for your injury. For instance, if you are passing your neighbors’ home during a jog and their dog is running loose and bites you, they will probably be liable because dogs are considered property. While dog bite laws can vary from state to state, ownership can help you prove who is liable for negligence, especially if there are any leash or confinement laws for pets in your area.

Proving fault in a personal injury case can be difficult, but there are avenues to strengthening your lawsuit. Contact a personal injury lawyer in Memphis, Tennessee today for more information.



Thanks to Patterson Bray, for their insight into personal injury claims and proving fault.

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