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How to Determine Fault in a Personal Injury Case and Know Your Worth

If you have suffered a personal injury, the first thing that comes to your mind is if you or another party was at fault. An injury may happen on someone else’s property or due to a road accident; you need to ensure that you are safe.

If you feel pain in any part of the body, you must seek medical attention. After that, it is important to establish liability, which means the party responsible for the accident should pay the compensation to the injured party. Mostly, a New Hampshire injury attorney looks into the facts and evidence to prove the fault.

Liability Determination

It depends on several factors to decide who was at fault. However, if nothing else works out, the injured person can get in touch with an attorney. He will assess the facts, photos, and witness statements and ensure that the responsible person should pay the expenses. They can present the case in the most effective manner so that the injured person does not have to suffer.

The insurance companies also look into the facts of the case and figure out who was at fault. If both parties are not able to establish the liability or agree on terms, the attorney of any party can file the lawsuit and seek legal assistance.

Proving Fault Due to Negligence 

In all personal injury cases, negligence is the main cause of the injury. Below mentioned are a few factors that prove the negligence:

  • Duty of care- It is the duty of every person to care for others. For instance, if a person is driving on the road, he should care for the safety of others.
  • Causation– Due to the negligence of the defendant, the plaintiff has suffered injuries. Most car accident cases are an example of this type of negligence.
  • Breach of duty- If the person has breached the duty, he is held responsible for the injuries. For example, if the defendant was looking at the phone while driving, he has breached the duty that caused injuries.
  • Physical and property damages – To file the compensation, the plaintiff should have physical injuries or damages to the property. He needs to show the medical bills, proof of injuries, damages, loss of income, and other evidence.

Once the case reaches the trial, the jury and court verify the facts submitted. Depending on them, the plaintiff’s claim is cleared or rejected. The compensation gets evaluated based on various factors. 

Jess Shaver
Jess Shaver
Online Entrepreneur. Successfully running and operating multiple eCommerce ventures, in between writing about it all.

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