How to Determine Fault in a Personal Injury Case

October 22, 2019

In a personal injury case, a key element is to figure out the party at fault. Once you discover that, it’s their responsibility to pay compensation. Your top-level attorney from The Ticktin Law Group will guide you through the whole process once he or she determines who is at fault.

The Liability Determination

Your attorney will investigate and discover all potential at fault parties. Then, he or she will make a final liability determination for your personal injury case.

Proving Fault with Negligence

Many personal injury claims come about because one or more parties acted negligently. However, you need to prove negligence in order for the at-fault party to be held liable for the damages. Your lawyer can do this by looking in to duty, breach, damages, and causation.

How to Prove Fault

Your attorney can prove fault using the facts and evidence of your particular case. He or she will look at the details and circumstances of the injury claim in order to make an informed decision. This investigation usually involves collecting physical evidence, hiring and consulting with experts, and interviewing involved parties.

Legal Defense

When you (the plaintiff) alleges negligence against the defendant, there are a few defenses that can reduce the defendant’s liability.

  • Comparative fault- When more than one party is at fault, the law permits differing percentages of liability to be attributed to each party.

  • Employer liability- An employee who causes you injury is usually not liable for the damages. In this situation, the employer is usually liable.

  • Trespasser defense– The owner of land is liable for negligence if his or her guests get injured, however, they are not liable if it’s a trespasser.

  • Firefighter rule- A private party who accidentally creates a hazard will not be held liable to a firefighter or other professional rescuer who gets injured on the job.

The Ticktin Law Group Will Help

If you've been hurt by someone else’s actions, contact The Ticktin Law Group. We handle Personal Injury cases on a contingency basis. That means you don’t pay us anything unless we collect money for you. To see if you have a case, schedule a free consultation. Our experienced Personal Injury attorneys will go over the facts of your claim to help you get a much better idea of the steps to take. For a free consultation, call (561) 232-2222 or complete the contact form here.