How to Prove Fault In Personal Injury Claims
Each year, millions of Americans are involved in accidents that result in personal injury. Personal injury can have catastrophic consequences, including physical, emotional, and financial damages. If another person or party is responsible for an accident that results in injury, they should be held liable for all related economic and non-economic losses.
Personal injury victims can hold liable parties accountable by filing a personal injury claim in civil court. The personal injury lawyers from Zucker & Regev, P.C., in Brooklyn, NY, gather the evidence necessary to prove fault in personal injury claims so clients can be justly compensated for injury-related losses.
What Is the Burden of Proof In a Personal Injury Claim?
In a personal injury case, the burden of proof lies with the victim (plaintiff). It is the plaintiff’s responsibility to demonstrate the losses suffered as a result of personal injury and to establish who was at fault, or liable, for those losses. However, the burden of proof in a personal injury claim is lower than that in criminal court. Rather than proving fault beyond a reasonable doubt, plaintiffs in civil court simply need to prove their case by a preponderance of the evidence, meaning it is more likely than not that the defendant was at fault.
Elements to Establish Fault in a Personal Injury Claim
When proving fault to pursue damages in a personal injury claim, there are four key elements that our Brooklyn lawyers must establish on behalf of our clients:
- The defendant owed the plaintiff a duty of care
- The defendant breached their duty of care by acting in a reckless or negligent manner
- The defendant’s actions caused an accident
- The plaintiff suffered physical and financial injuries as a result of the accident caused by the defendant’s carelessness
Evidence Used In Personal Injury Claims
Presenting evidence is the most effective way to establish fault in a personal injury claim. When establishing fault on behalf of our Brooklyn clients, our personal injury attorneys work alongside accident investigators to gather essential evidence. The types of evidence that are commonly used to prove fault in a personal injury claim include:
- Visual evidence from the accident scene (photos of the accident scene, property damage, injury, etc.)
- Statements from accident witnesses
- Information gathered by responding police officers or accident investigators, such as a police report
- Expert testimony
Proving fault is only one aspect of a personal injury claim. Evidence must also be presented to demonstrate the extent of the plaintiff’s losses. The types of evidence that are commonly used to prove damages in a personal injury claim include:
- Medical records pertaining to accident injuries
- Pay stubs to demonstrate any lost or diminished wages
- Statements from the plaintiff’s family or loved ones
- Expert testimony
If you or a loved one has suffered a personal injury, the attorneys at Zucker & Regev, P.C. can assist you in pursuing appropriate compensation for related damages. To discuss the details of your case with our legal team, send us a message online or call (718) 624-1211 and schedule a consultation at your earliest convenience.