How to Prove Liability in a Personal Injury Case
If you have ever fallen victim to a personal injury or accident, you are likely familiar with the struggle of paying your medical bills, all while being unable to make a steady income while you are physically recovering. The wait before receiving your final settlement check may have felt torturous. If the insurance company refused to accept liability, you may have taken your case to court. The entire process can cause even the sanest person’s head to spin.
At HGSK Injury Lawyers, our Reading personal injury attorneys are dedicated to assisting injured parties in recovering maximum compensation for their claim. Our legal team takes both your present and future needs into account in negotiating the settlement that you deserve.
Establishing Fault in a Personal Injury Case
A person may be found liable for negligence anytime they act with less than reasonable care. Successful recovery in a Reading personal injury case will depend on proving the following elements of negligence:
- Duty of care: The defendant must have owed a duty of care to the plaintiff (injured person). For instance, in a slip and fall case, a property owner has a duty to repair any known property defects to keep guests safe.
- Breach of duty: Either through an act or omission, the defendant breached their duty. In a slip and fall case, a property owner violates this duty if they ignore a cracked step or other hazards on the property.
- Causation: As a result of the defendant’s breach, the plaintiff suffered harm.
- Damages: The plaintiff must sustain measurable losses. In a slip and fall case, damages may involve lost wages, medical expenses, or pain and suffering.
Evidence to Prove Liability
Evidence is crucial to recovering maximum damages in a personal injury lawsuit, which may include:
Photographs and/or Videos
Pictures of a cracked step, vehicle debris, or the physical manifestations of a dog bite can provide further information on what occurred. If someone took a video of the incident, this may be useful when negotiating the terms of a settlement. A video can certainly be helpful in a car accident case, filling in any gaps regarding each driver’s speed or the angle of impact. This can be invaluable when physical evidence is limited or non-existent.
Police Report
Pennsylvania law requires that drivers contact the police if they are involved in a motor vehicle accident resulting in injuries, fatalities, or extensive vehicle damage. So, if a car has to be towed away from the scene, you should contact law enforcement. When you contact the police, the responding officer will investigate and write up a report. This report will detail the date/time/location of the accident, the names of the drivers involved, weather and road conditions, and who the officer believes is responsible for the crash.
Eyewitness Testimony
The testimony of a person who saw the event unfold is admissible in court. In certain cases, it may be the only evidence available. For example, following your fall, a landlord may have repaired the hazard that caused the fall, removing key evidence. In this case, an eyewitness statement may be the only way of proving the other party’s negligence.
Expert Witness Testimony
In cases in which proving fault may be beyond a layperson’s understanding, an expert witness may be called upon to testify. Pennsylvania Rules of Evidence Rule 702 defines a person to be an expert based on their “knowledge, skill, experience, training, or education.” It is important that you work with an experienced personal injury attorney to ensure that an expert witness meets the requirements under the law.
Medical Records
In a medical malpractice case, determining a physician or other healthcare provider’s misstep or oversight can be challenging. Since diagnoses often depend on various patient workups, multiple parties may be held responsible if a patient experiences harm. Any combination of medical imaging, laboratory tests, medical notes, and discharge instructions can be used to prove liability.
The Art of Negotiating in Personal Injury Claims
Knowing what evidence to gather and how to obtain it is best left to an experienced personal injury lawyer. At HGSK Injury Lawyers, our Reading personal injury attorneys are committed to helping you recover the entirety of your damages. Even if the evidence clearly shows what compensation is due to you, you still want someone by your side to advocate with the insurance company. An insurer will rarely offer you what you deserve, especially on the initial settlement offer. A personal injury lawyer’s persistence can make all the difference, helping you secure just compensation to cover your full range of needs.
Do Not Hesitate to Contact Our Reading Personal Injury Lawyers Today
A personal injury or accident can force you into financial distress. The physical and emotional toll may even threaten a relationship that you have spent years cultivating. If this sounds like your situation, our Reading personal injury attorneys would like to hear from you. With decades of experience helping the hardworking individuals of central Pennsylvania, we are proud to continue to put our knowledge to work for you. To schedule your free consultation, contact HGSK Injury Lawyers today online or by calling (267) 551-8782.