How a Personal Injury Attorney Can Help in Proving Negligence

Written By Alla Levin
March 21, 2022

How a Personal Injury Attorney Can Help in Proving Negligence

All citizens are expected to follow certain rules and regulations in both their personal and professional lives. These rules are imposed to ensure their protection and the protection of the people around them.  It could happen that one might fail to meet the prescribed standards. This could result in a personal injury to the other party.

A medical professional may, for example, prescribe the wrong medication and cause health issues. Similarly, a home improvement professional, such as a carpenter, may carry out faulty repairs. This could result in an accident and cause physical harm. There are countless examples of negligence that could cause personal injuries. Such actions are punishable by law.

If you are injured due to the negligence of another, you are entitled to file a personal injury lawsuit. You will, however, have to prove negligence in a court of law. Only after you have successfully proven to the judge and jury can you ask for any financial compensation.

This is where a personal injury lawyer can help; they primarily practice tort law and work exclusively on cases related to injuries caused by negligence. They have vast knowledge and experience in the niche and are dedicated to providing compensation to victims of negligence.

How a Personal Injury Attorney Can Help in Proving Negligence

A personal injury attorney is well-versed in cases where damages and injuries have been caused due to negligence. The key elements that a personal injury lawyer may use to establish negligence and achieve a successful outcome for your case are discussed below.

Duty of Care

This is the first and most important step in proving the other party’s negligence in a personal injury case. Your lawyer will have to prove that the at-fault party had a duty of care. They have to prove that it is indeed their actions (or lack thereof) that resulted in your injury. A store owner must, for example, display warning signs in all appropriate places, cautioning customers of a wet floor.

Breach of DutyPersonal Injury Attorney

Next, the lawyer will have to prove that the at-fault party’s negligence caused your injuries. They have to demonstrate how the negligent party failed to carry out their duty. In the case of a car accident, for example, your attorney will have to prove that the other party was speeding, driving recklessly, or was under the influence of alcohol or other banned substances. Your attorney will have to prove that the incident could have been avoided if the other party had acted responsibly.

Link Establishment

Next, the lawyer will have to prove that the other party’s actions led directly to your injuries. They will have to establish a rational link proving that their actions alone injured you. Otherwise, the defendant may not be found liable.

If, for example, you are involved in a car accident, you need to establish that the injuries caused resulted directly from the accident. If any medical documents suggest you had an injury beforehand, your case may be dismissed, and the judgment may favor the defendant.

Damages Sustained

Once the lawyer proves that the injuries were indeed caused by the negligence of the other party, they will have to prove the intensity of the damages sustained. This includes physical injuries, mental trauma, property damages, medical expenses, lost income, etc. The court will have to decide on the compensation awarded to you or any fines or restrictions levied on the other party.

How You Can Help Your Injury Attorney

Your attorney will do all the legal talking in the court of law. They will be responsible for making logical and legal points during discussions, arguments, and negotiations. To ensure the process goes smoothly and quickly, you also have to do your part.  Your actions will help to settle the case quickly and ensure that the judgment goes in your favor. Here are the things you can do to help your personal injury attorney.

Take Photographslaw enforcement

Photograph everything related to the incident that caused your injury. The photographs should include the crash/injury site, the injuries sustained, and anything else that could help. Photographs offer an easy way to establish the other party’s negligence.

You could, for example, take photographs of a wet floor without a wet floor sign, an obscured warning sign, tire marks, and vehicle position in case of a car crash. The objective is to paint a complete picture of the negligence and remove deniability from the responsible party. Capturing photographs has become so easy in today’s world where everyone has a smartphone.

Medical Help and Paperwork

You also need to seek medical help as soon as possible. Seeking early medical attention will help to avoid aggravating the injuries sustained. Moreover, you should get medical attention within seventy-two hours so that the responsible party cannot exploit the delay.

Preserve all the paperwork, including doctor’s treatment papers, medical records, pharmacy bills, property damage audits, lost wages, and any other spending related to the incident. These documents will help you to provide clear proof of the mental, physical, and financial anguish you faced. Your final compensation will depend on the paperwork you provide as proof.

Cooperate With Law Enforcement

Cooperate with law enforcement personnel such as lawyers and the police. Provide them with as much information as you have about the incident that caused your injury. If, for example, you are involved in a car crash, stay at the site and call the police or traffic department right away. Even if the other party leaves. Note the vehicle number of the at-fault driver. When the cops arrive, tell them in detail what happened. If you file a police report, keep a copy. It may play a major part in the trial.

Parting Thoughts

Personal injury and negligence cases are complex. Proving negligence of the at-fault party in a court of law isn’t as simple as pointing a finger at them. You need to take the proper legal route and prove with strong evidence that the other party acted recklessly. Leave the rest to the personal injury attorney. They will ensure that you are rightfully compensated for the physical, mental, and financial harm you suffered due to another party’s negligence.

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