Proving Your Claim In A Personal Injury Case

If you have been injured in some type of accident, you know that you can sue the person who is liable for your injuries for damages. The compensation that you could receive is for everything from lost wages to out-of-pocket medical bills. The process for a personal injury claim can be long and drawn out, but it could be worth your while if you have enough evidence on your side to prove the liability of the other party. This article will explain how to prove liability in your personal injury case.

Determining Legal Liability

Just about every accident happens because of the carelessness of someone else. The general rule is that, if a person was careless and an accident resulted from their actions, they will be required to pay for at least a portion of the damages that the other person suffered. This rule of carelessness is determined by the legal liability of that person by way of one of the following: 

  • If the person who was injured was where they were not supposed to be, or were in an area where the kind of activity they were participating in could have caused an accident, the person who actually caused the accident may not be liable because that person had no duty of care towards the person who was injured.
  • If the person who was injured also acted in a careless manner, their compensation could be reduced by the extent of how much they were careless. 
  • If the person who acted carelessly was working at the time of the accident, their employer could also be held liable for the accident.
  • If the accident happened on a piece of property that is dangerous due to poor maintenance, the owner of the property could be held liable for not properly maintaining the property. 
  • If the accident was caused by a defective product, the manufacturer and entity who sold the product could also be held liable for the injuries caused.

Burden of Proof

When your personal injury case goes to court, you have the burden of proof. The defendant does not have to prove anything—they only have to rebut all of your allegations. However, the burden of proof is not as strict as it is when a prosecutor has to prove their case in a criminal trial. You don't have to prove beyond a reasonable doubt; you only need to prove that the defendant is most likely liable for your injuries.

Contact a personal injury attorney like Law Office of Michael Braun for more information.