Many personal injury lawsuits are based on unintentional conduct or accidents.  Such accidents generally involve a negligence claim which can sometimes be difficult to prove in terms of finding fault or liability.  When proving fault in a personal injury lawsuit, the easiest way is if the defendant admits that they are liable or negligent.  This usually doesn’t happen so simply, so various forms of evidence may be needed, including:

  • Photos or videos of the accident or scene of the incident
  • Witness testimony
  • Legal documents (such as police reports or purchase receipts)
  • Any contracts or other records of interaction between the parties
  • Medical documents
  • Insurance claims

Thus, proving fault often requires many forms of evidence in order to provide the court with a complete picture of all the facts related to the injury.  A lack of evidence can be obstacle to proving fault during personal injury litigation.

What are Some Ways of Proving Fault in a Personal Injury Lawsuit?

Some personal injury claims require additional measures for proving fault or liability.  For instance, more specific presentations may be required during court hearings, including:

  • Expert witness testimony:  A certified expert may need to provide their opinion regarding a certain fact.  An example of this is when an expert medical professional is called upon to help determine whether the defendant could have caused an injury in question
  • Accident Reconstruction
  • Similar cases:  Courts usually draw comparisons to previous cases that are similar in nature.  Such comparisons can help the court to draw on legal decisions that were made when proving fault in a related situation.

Unlike criminal cases, personal injury requirements don’t require that the case be proven “beyond a reasonable doubt”.  Some jurisdictions find liability based on the “preponderance of evidence” standard.  This means that liability will be found if the evidence shows that it is “more likely than not” that the defendant did the acts in question.   This is a lower standard of proof than criminal cases, but it will still require an intensive analysis of much evidence.

Do I Need a Lawyer for Help Proving Fault in a Personal Injury Lawsuit?

Proving fault and liability in a personal injury lawsuit requires extensive knowledge of the laws applicable in your state.  You may wish to hire a qualified personal injury lawyer if you need assistance with a lawsuit involving personal injuries.  Your attorney can guide you through the process to ensure that your legal concerns are addressed.   Also, your lawyer will be able to inform you if there are any major issues regarding fault in relation to your case.