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Proving Fault in a Personal Injury Case



October 12th, 2017

Proving Fault in a Personal Injury Case

Proving who is at fault is at the root of winning a personal injury case. You must prove that another person is responsible for your injury or damages and provide the necessary documents and evidence to support your claim so that you can receive the compensation that you deserve. If you are injured due to the negligence of another person, proving who is at fault may not be easy. However, an experienced personal injury lawyer will have the knowledge and experience to help you receive your rightful compensation.

Determining Negligence in a Personal Injury Case

If you have been hurt in an accident, determining who is at fault is crucial in filing a personal injury claim. The accident may be caused by a person who failed to perform, execute or uphold his or her duty. The court will decide which individual or party acted negligently and caused the accident. If you are injured as a direct result of the negligence of another person or party, they are considered at-fault for your personal injury and are responsible for compensating you for the injuries and damages.

Another important component of a personal injury claim is providing proof of the damages. You should bring proof of any financial or other losses you suffered because of the accident. These losses may include:

  • Medical expenses
  • Impairment or decreased quality of life
  • Lost wages
  • Damage to property
  • Psychological or emotional impairment

Were you partly responsible for the accident?

Even if you were partly responsible for the accident you were injured in, New York State’s comparative negligence clause allows you to claim compensation for your injuries and damages from the other party. The amount you receive will be calculated according to what percentage of the negligence you and the other person or party were responsible for in the accident.

When More than One Party is at Fault in the Accident

In cases where more than one party is at fault for the accident, you may be required to notify all the parties involved in the accident. However, you can bring a personal injury claim against only one negligent party depending on the evidence and information you gather.

Handling a personal injury case can be more complicated than you might anticipate. The wisest course of action is to consult with an experienced personal injury lawyer to help you through the legal process and ensure that you receive your rightful compensation.

Contact Us

At Dervishi Law Group, P.C., our experienced injury lawyers understand the complexities involved in personal injury cases, as well as the importance of presenting adequate supporting evidence. We will work with you to compile the necessary documentation. We will consult with medical experts, whenever necessary, so that we can effectively represent your personal injury claim. We are dedicated to getting our clients the maximum compensation possible. We specialize in personal injury cases so you are able to depend on our knowledge and skills when it comes to representing you in a personal injury lawsuit. If you would like to consult with us about your accident and injury claim free of charge, call 917-300-0797 or 718-619-4525. You can also email us at fdervishi@dervishilaw.com.

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