How to Prove Fault in a Personal Injury Claim

Proving fault in a California personal injury claim requires evidence that another individual or entity owed you a duty of care, did not fulfill this duty, directly hurt you and caused you real losses. It is important to know how to prove fault if you wish to recover financial compensation for a preventable injury. A personal injury lawyer based in Los Angeles, CA can help you every step of the way.

What Is the Burden of Proof in a Personal Injury Claim?

A personal injury claim is a civil case, where the goal is to establish that the defendant’s negligence or wrongdoing was the direct cause of the victim’s injuries or harm. It is unlike a criminal case, which aims to convict the defendant of a crime for a legal violation. An individual can be held liable (financially responsible) for a personal injury even without breaking the law or intending to harm anyone.

A burden of proof refers to the amount of evidence that must be provided by the plaintiff to prove the truth of the claim he or she is making against the defendant. The burden of proof in a personal injury case is “based on a preponderance of the evidence,” which means more likely to be true than not. This is less than the burden of proof in a criminal case, which is “beyond a reasonable doubt.”

Four Key Elements of Proof

Personal injury claims most often use the legal doctrine of negligence. A negligent person or party is someone who fails to exercise a reasonable amount of care or act in a manner that a prudent party would in the same or similar circumstances. When negligence causes harm to others, the injured party can seek financial compensation.

Negligence has four elements of proof:

1. Duty of care: the defendant had a responsibility to act in a way that prevents foreseeable harm to others. Sometimes, duties of care are specific; for example, physicians have required standards of patient care within the medical industry.

2. Breach of duty: the defendant committed an act or omission that violated or fell short of his or her duty of care. This could be a careless, reckless or intentional act.

3. Causation: the defendant’s breach of the duty of care was the direct or proximate cause of the victim’s injuries. The plaintiff would not have suffered the injury were it not for the defendant’s negligence.

4. Damages: the plaintiff sustained real, specific losses in the harmful incident. Examples include bodily injuries, medical bills, lost wages, and pain and suffering.

Proving fault in a personal injury claim in California generally requires evidence establishing these four elements of negligence. However, some cases can be filed without negligence, such as strict liability claims. 

Types of Evidence to Gather for Your Personal Injury Claim

To successfully prove fault in a personal injury case, evidence is necessary. Preserving and collecting strong evidence to support your claim can greatly improve your odds of success. Common types of evidence include an accident report, police report, photos of the accident scene, pictures of injuries, video footage, eyewitness accounts, cell phone records, vehicle black boxes, medical bills and records, and expert testimony.

The Importance of Hiring a Personal Injury Lawyer

Proving fault in a personal injury case can be a difficult undertaking. You need to know what types of evidence an insurance company or courtroom will look for and how to successfully preserve and collect this evidence to support your claim. Storytelling is also a critical component, as juries respond best to evidence that’s presented in a compelling manner.

A personal injury attorney can hire qualified experts, take steps to gather pertinent evidence and document your losses to build a strong foundation for your claim. Contact a lawyer at Rose, Klein & Marias LLP right away after an accident in Los Angeles for a free consultation about how we can help you prove fault.