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Who is to Blame? Proving Fault in Personal Injury Cases

Although hiring a personal injury lawyer is the best way for you to handle your personal injury claim, it never hurts to know what is at stake legally.

In order for you to receive compensation in a personal injury claim, you must be able to prove another person or entity was legally at fault for your injuries.  And what does legally at fault really mean? It means you can prove that negligence, carelessness or incompetence on the part of the defendant was the reason you were injured.

Here are some examples of the type of evidence you need in order to prove the defendant is guilty:

  • In automobile accidents, lab tests proving the defendant was intoxicated, witness testimony, or proof the vehicle was not maintained properly are all examples of evidence that will work to your advantage.
  • In a medical malpractice case, you will need to prove that a healthcare provider acted in a way that did not meet the standards of care expected by the medical community. Therefore, you will most likely need expert testimony from a third party doctor or healthcare professional witness.
  • In a premises liability case, you must be able to prove you were not trespassing when the injuries occurred. That is an occasional defense. More commonly, it is not and we are then focusing on photos, phone logs, witness testimony or any other documented evidence that can help in this kind of case.

These are just a few examples of common personal injury cases and the evidence you will need in order to win them. But your best bet is to have a personal injury lawyer on your side who can do the necessary research to gather evidence for you to successfully pursue fair compensation for your damages.

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