Last Updated 24th of May, 2010

How do you prove fault in a personal injury case?

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Proving Fault in Personal Injury Cases

To be compensated for a personal injury caused in a car accident, you (the plaintiff) must prove that other driver (the defendant) was at fault; or, as they say in legal circles, negligent.

Under this criterion you must prove the following:

  • Duty: The person who caused the accident and your injury owed a duty to you to avoid driving carelessly under the circumstances.
  • Breach of Duty: The person who owed this driving duty to you acted carelessly under the circumstances.
  • Causation: The other driver's carelessness caused your injury.
  • Damages: Because the other driver owed you a duty of care, acted carelessly, and caused your personal harm, you suffered personal injury. The law calls this "damages."

Hiring a Personal Injury Attorney

If this sounds vague or legally confusing, don't worry. This is where a personal injury lawyer comes into the proverbial picture. A personal injury attorney grasps these legal concepts and has far more experience than you do in proving fault in a personal injury case.

A personal injury lawyer will use police reports, interviews with the defendant and witnesses, and your state's driving statutes (including your state’s liability insurance requirements and how personal injury protection, or PIP, plays into those) to bolster your case and increase your chances of receiving a fair settlement from the guilty driver's auto insurance company.  

Otherwise, if you act on your own, it's you versus the defendant's legal team, which is provided by his or her car insurance company and is comprised of lawyers and underwriters who will use your legal inexperience to weaken your claim.

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