How is Fault Determined in My Personal Injury Case?

Some people think that, just because they were hurt in an accident, they’re automatically entitled to damages. This isn’t the case. If your personal injury lawyer in East Point can’t prove fault in your personal injury case, you’ll walk away with nothing. This is why it’s so important that you have an injury attorney in East Point handle your case. You have a much better chance of collecting damages if you have a legal professional by your side. Not only do they know the law a lot better than you. They also have decades of combined experience handling personal injury cases.

Here, we’ll explain how fault is determined in a personal injury case. If you have questions about your personal injury case, or aren’t sure if you even have a case, it’s a good idea to give us a call. We can schedule your free, initial consultation right over the phone. Or, if you prefer to do things online, you can always schedule your own appointment through our website.

Your Lawyer Must Prove Negligence in Your Personal Injury Case

In order to collect damages from the defendant, your personal injury lawyer in East Point must prove negligence. Negligence is just another way of saying that the defendant did not behave the way a reasonable person would have given the circumstances. 

There are four elements to negligence in a personal injury case and your attorney must prove all of them. As long as you can prove negligence, there’s a good chance you’ll win your personal injury case. Of course, there’s always the chance that you were partially at fault. If so, that will impact your case as well. But that’s something your injury attorney in East Point can deal with when you cross the road.

For our purposes, you need to understand the following elements of negligence:

  • The defendant must have owed you a duty of care
  • They must have breached this duty
  • You must have suffered an injury
  • You must show that your injuries were caused by the defendant’s breach

As stated above, if you can prove these 4 things, you’ll have a good chance of getting the compensation you deserve.

Can You Prove that the Defendant Owed You a Duty of Care?

The first thing you have to prove is that the other party owed you a duty of care. In almost all personal injury cases, this duty is similar. For example, in a car accident, the other driver owes a duty of care to all other motorists. The same is true of a slip and fall. A property owner is required to keep their area clean of debris and safe. 

Your attorney can prove that this duty existed in a number of ways. They can cite the law if it applies directly to your personal injury case. They can also use common sense. For example, if you were injured in a slip and fall case, it makes common sense that a restaurant owner would have to keep their place clean. Or in a car accident case, we know all drivers must obey the local traffic laws. 

Your Injury Attorney in East Point Must Prove that the Defendant Breached Their Duty

Not only do you have to show that a duty exists – you also have to show that the defendant breached this duty. Your injury attorney in East Point will do this by referencing the duty itself. 

personal injury lawyer in East Point

If drivers must obey all traffic laws, your attorney will show that the defendant in your personal injury case broke the law. If property owners are supposed to keep their premises clean, your attorney will show that the defendant’s property was loaded with trash and discarded merchandise.

Of Course, You Must Prove That You Were Injured

Just because you were involved in an accident, that doesn’t mean you’re guaranteed damages. Your personal injury lawyer in East Point must prove that you were hurt. The best way to do this is by submitting a copy of your medical records. If you didn’t go to the hospital for some reason, it can hurt your personal injury case. 

We always recommend that accident victims go to the emergency department of their local hospital immediately after their injury. This is the only way to prove that you were hurt. It also documents the precise time and cause of your injuries. If you don’t go to get treatment, the defendant’s attorney will claim that something other than the accident caused your injuries. 

The Defendant Will Argue that Something Else Caused Your Injuries

As briefly stated above, the defendant is going to argue that something else caused your injuries. You don’t want to make it any easier for them to prove this. The longer you wait to get medical treatment, the stronger their argument becomes. If enough time goes by between the time of the accident and the time you seek treatment, you’ll be creating a problem for your personal injury lawyer in East Point. 

Your attorney needs all the evidence they can find to prove your personal injury case. This included a copy of your medical records. It’s critical that your doctor put a note in your records as to what caused your injuries. They have no reason to lie for you. Their opinion will be considered unbiased. It can help overcome the defendant’s claim that they didn’t cause your injuries. 

Increase Your Chances of Compensation by Hiring an Injury Attorney in East Point

If you’ve been hurt in some sort of accident, you may have a claim for damages. It all depends on the facts of your personal injury case. For example, how serious were your injuries? How strong is your proof that the defendant caused your injuries? These are the kinds of questions your injury attorney in East Point will have to ask themselves when you meet.

We offer all new clients a free, initial consultation. This gives us a chance to review your claim and decide if it has merit. It also gives you a chance to ask any questions you may have about your personal injury case. At the end of the meeting, we’ll have to decide if we want to represent you. Likewise, you’ll have to decide if you want to retain our services.

Since your initial consultation is free, you don’t have anything to lose. You can bet the defendant will have a team of lawyers working for them and you should too.