How Lawyers Determine Liability in Injury Cases

If you find yourself in an injury case, it will fall on your lawyer to prove the other party involved is liable for your injuries. In 9 out of 10 cases, this means they'll need to prove negligence. There are other routes to argue personal injury cases, such as intentional conduct, meaning the other party acted purposefully to harm you. However, in most situations, injuries are due to the negligence of the other party and not because of malicious intent. Your lawyer will have to prove the following to give you the best case possible and be sure you'll receive the compensation you deserve for your injuries.

Duty of Care

The first step in establishing liability in a personal injury case is for your lawyer to prove duty of care. The idea with duty of care is that the person or organization responsible for your accident had a duty to keep you safe. For example, a supermarket is responsible for making sure there are no spills in the aisle, as it would be their fault if it caused you injury. It is also the responsibility of drivers on the road to operate their vehicle safely.

Breach of Duty

The second step for your lawyer will be proving there was a breach of that duty of care. In the previous example of a spill in the supermarket aisle, your team will be responsible for showing the company did not take adequate care of its floors, and was responsible for the injuries you sustained during your slip and fall accident. When looking at a car accident, the driver who struck your vehicle may not have intended to cause an accident, but your attorney will prove they are at fault because it was their duty to act in a responsible manner on the road. 

Causation

Another way your lawyer can prove fault on the part of the defendant is to prove causation. This is a way to further show that negligence on their part is what caused your accident. This is especially prominent in workplace accidents, where your employer has a duty to inform you of any risk involved. If you are asked to operate heavy machinery and not properly trained or informed of the risks, they are at fault for causing your injuries.

Damages

Finally, your lawyer will argue that you are fully compensated for the damages you sustained. These are calculated by looking at your costs, such as medical bills. Then, your attorney will add in "general damages," which covers things like compensation for pain and suffering. The total amount can range depending on medical procedures needed, as well as medical procedures your doctor may project for the future, as well as lost wages and damage of property. All in all, a good lawyer will work hard to prove you deserve the maximum compensation possible.

To be sure you're getting the most out of your claim, speak with a personal injury lawyer in Wilkes-Barre, PA, and start your journey to recovery.

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