Proving Fault In An Accident

Even if you take on the services of a personal injury attorney, you will need some evidence to prove that the other party was negligent or at fault after an accident. Evidence is the only thing insurance companies and courts care about when deciding compensation. They want proof.

Police Opinions and Official Reports
Police reports can are a key peice in proving fault in a car accident.  If the other party involved in the crash received a ticket it is most likely they broke a traffic law which resulted in hitting another car.  The ticket will be used by your lawyer in your accident case.

The first situation that comes to mind is a car accident. If the police were called and arrived at the sight of a car or truck accident, they will write a report and even give their expert opinion of what they thought happened if there is a dispute.

Another situation would involve premises liability law. If you are at someone’s home, and slip and fall, or even at a bar and have an accident, the police can be called to file a report and assess the situation.

A recent study found that lawyers are are 68 percent more successful in court with personal injury lawsuits when their client has a police report backing up their claim.

If they are willing, certain police officers will even give their opinions in court to back up your claim. This can almost assure 100 percent that your legal counsel will get you the crucial settlement you need to get back on your feet.

Proving Liability
To prove liability means to prove that the defendant you are suing was careless and negligent, which caused your injury.

One definition of liability has that If one person (the defendant) was even just a little less careful during an accident than the other person (the plaintiff), they are liable in some capacity and are subject to pay compensation in you hire a personal injury attorney.

There are other rules that make one person liable in a personal injury lawsuit. They include:

• If the accused was breaking the law or doing something they were not supposed to be doing, they are 100 percent liable. An example would be a car driver running a red light and hitting another car.
• If your accident took place on premises that are unsafe, the owner or controller of that property is liable for not being careful because they have a duty of care to keep people safe when they visit. This duty of care is something your personal injury lawyer can prove in court.
• If an accident took place because there was a defective product around or in your possession, the maker of the product and even seller of the product could be liable for your injuries and you could be owed compensation.

Potential Accident Compensation
Once your attorney has pleaded your case and proved the other side was at fault, the compensation rewarded by the courts should be enough to cover damages and punitive damages.

For example, a jury in Florida handed out a $1.6 million settlement to a male victim of a 2006 school bus accident, when a 16-year-old boy had a terrible brain injury after the crash. The plaintiff was going to school as a passenger in a car when the school bus turned into the car. The vehicle hit the bus head on. After the lawyers for the victim stated the case and who was at fault, the jury found the school bus driver and the school district negligent for the boy’s injuries.

In another example, a California man was awarded $1.25 million after his accident attorney showed that a local restaurant was liable for a slip and fall accident, when soup broth was left un picked up off the floor. The man suffered a broken arm and tore a few tendons in his leg

Proving who is at fault following an accident can be confusing and too much to handle yourself.  whocanisue.com can help you find the right attorney for your case.