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Proving Fault Can Help You Win a Personal Injury Case


If you want to file a claim after being injured in a car accident or while you were working, then you'll want to pursue a personal injury claim. To make this claim, you'll need to prove that someone was negligent and that negligence then led to you suffering an injury.

Negligence can be as simple as someone acting carelessly, which then results in an accident. For instance, if a driver is texting and then collides with a pedestrian, the pedestrian can claim that the driver was negligent and is therefore responsible for his or her injuries. Likewise, if a pedestrian runs out into traffic, a driver could allege negligence for the accident caused by the pedestrian.

Everyone has a duty to be careful in certain situations. For instance, when you get behind the wheel of a car, you're obligated to drive safely. If you breach this duty of care, then you could cause an injury. This is the same for your accident. If the driver who struck you was in breach of duty of care, then you have the two main requirements of a personal injury case covered.

You'll also need to show how the person's actions injured you and how you suffered because of his or her actions. So, in a car accident, you'd need to show that because the driver was texting, he or she failed to stop at an intersection. That failure to stop led to you getting hit by the car and breaking a leg. Now, you have medical bills, pain and suffering and lost wages that you need to recover. These are your damages.

Source: FindLaw, "Proving Fault: What is Negligence?," accessed Aug. 05, 2015