If you've been injured in an accident, whether it is an auto accident or another type of accident, you may want to bring a personal injury case to court. If so, identifying why the accident happened and who is at fault is crucial. Fault can be complicated, and it is incredibly important to consider because it can make a big difference in the way you approach your case. Consider the following types of fault and whether your state's courts consider them during personal injury cases.
If you are considering a lawsuit against another party, you may claim that this other party was completely at fault. If the judge sides with you, they may rule that the other party had total responsibility in causing your injuries.
On the other hand, the other party could be deemed not at fault at all. This means that you'll receive no compensation for the financial damages you have experienced from that party.
While one person may be completely at fault for the accident, that's not always the case. Whenever multiple parties are involved in creating the circumstances that cause an accident to occur, it's possible for different parties to each be partially responsible for the accident.
In some states, courts consider contributory fault. If you contributed at all to your injuries, the judge could determine that you cannot seek compensation.
Other states determine comparative fault. Pure comparative fault considers the degree of responsibility each party has in causing your injuries. So, if you were 25 percent at fault for your injuries, you may only receive compensation for 75 percent of the costs.
In some cases, states recognized a modified version of comparative fault. If the court determines that you were less than 50 percent at fault for an accident, then they will award you some compensation.
How to Prove Fault
One of the most difficult aspects of any legal case is proving that the other party is at fault. You can prove fault with evidence like photos, videos, witness statements, and physical evidence. For example, you can show on surveillance footage that somebody else hit you while your vehicle was parked. It is important to put together all traces of evidence available to you to strengthen your case.
Hire a Personal Injury Attorney
As you can see, determining fault is a critical part of your case, which is why you need to have a solid personal injury attorney on your side.
Personal injury attorneys can offer important advice in the aftermath of accidents. A personal injury lawyer can help you determine fault, gather and present solid evidence to prove your case, and will present your case in front of a judge and jury. When you hire an attorney who understands each type of fault, they'll help you make a strong case that helps you compensate for damages.Share