In Pennsylvania, one of the essential foundations of a personal injury claim is the ability to definitively establish fault. The mere occurrence of an accident resulting in an injury does not automatically guarantee a viable case. You must be able to prove that the other parties were the direct cause of your injury.
This article discusses some of the key components of what you need to focus on when establishing fault in a personal injury case.
The Key Elements for Establishing Liability In Pennsylvania
“A bulk of establishing liability in personal injury claims lies in your ability to show the duty of care and a subsequent breach of that duty,” says attorney Andrew Statmore of Fredson Statmore Bitterman. To successfully establish liability in a personal injury claim, you must demonstrate four key elements: duty of care, a breach of that duty, causation, and damages.
- Understanding Duty of Care
Every personal injury case begins with a “duty of care” that is expected of the at-fault party. This is the legal responsibility of an individual or entity to act in a manner that causes no harm. For example, drivers must obey traffic rules and drive carefully at all times while on the road. Shop owners are legally required to keep their premises safe for customers. Medical practitioners must provide treatment according to reasonable standards of care.
- Showing a Breach of Duty
Once a duty of care is established, the next step is to prove that the responsible party breached that duty. A breach happens when a person fails to act with the same level of care that a reasonable person would have exercised in similar circumstances. For example a shop owner ignoring a wet spill, or a physician not adhering to standard medical procedure.
- Linking the Breach to the Injury
Even if a breach of duty is evident, you must legally link it to your injury. Creating this link between breach of care duty and injury is what is legally referred to as causation. For instance, when you fall in a store due to the owner’s negligence, the hazard must result in your injury. If an unrelated factor led to the accident, then the defendant may not be held liable under the law.
How Can You Prove Fault In a Personal Injury Suit?
Proving fault requires backing up your claims with evidence that tells the story of how the incident occurred. Evidence may take the form of accident reports, footage, eye witness accounts, and pictures. However, each piece of evidence must point to the other party being at fault for your injury.
- Gathering Clear, Factual Evidence
Proving fault begins with the collection of concrete evidence that proves what happened. This evidence may include images of the hazard or video footage at the site of the accident. All of these elements create a clear picture of events on the accident day.
- Using Detailed Expert Reports
Once the facts are gathered, experts in certain fields can help interpret them. For example, an accident reconstruction expert can explain what took place in the moments leading up to the crash. A medical expert can explain the relationship between the accident and the injury, and the impact it has on the victim.
- Providing Documents from Relevant Authorities
Documents such as police reports and medical records are crucial in personal injury cases for determining fault. Medical records reflect your diagnosis, track your treatment, and link your injury to the accident. The police report also shows the official account of what happened and what the officer observed. Together, these records offer a firm, credible foundation for your case.
- Proving the Extent of Damages
Finally, fault must be supported by proof of the damages caused. This is done by proving the cost incurred for medical treatment, lost income during recovery, and the impact on daily life. By demonstrating the real and measurable effects of the injury, you can then make a solid case for a reasonable compensation figure.
Conclusion
Establishing liability and proving fault in a personal injury case is a combination of successive steps. While pictures and witness testimony are useful, evidence like medical records links the accident to your injuries. When these pieces of evidence are properly organized and presented, your chances of receiving fair compensation increase. Also, you should not forget that you can always speak with a Pennsylvania personal injury attorney at any point in the process.
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