Fault is the cornerstone of a personal injury case. In California, like most other states, the burden of proof is on the plaintiff/injured party to prove fault. Fault and negligence are in effect the same thing. When someone fails to act to prevent someone else from getting hurt, it is defined as negligence. Proving negligence requires four components: duty, breach, causation, and damages.
Duty: The plaintiff must establish that the defendant owed a duty of care to the plaintiff. This requires proving that the defendant was legally required to do (or not do) something concerning the plaintiff. For instance, it may be a drivers’ duty to obey traffic laws for the safety of others on the road.
Breach: The plaintiff must prove that the defendant violated this duty of care. A breach happens when the defendant’s conduct (or lack thereof) fails to meet what a reasonable person would do in that same situation.
Causation: Causation is proof that the defendant’s negligence caused the plaintiff’s injuries.
Damages: Damages are the actual harm experienced by the plaintiff. A personal injury settlement can cover medical expenses, lost wages, pain and suffering damages, and any other losses related directly to the injury.
Once negligence has been established, evidence is gathered to support the negligence claim. When a driver is cited for running a red light, that may be considered as proof they violated their duty of care to prevent the accident. In a slip-and-fall injury, maintenance records or safety inspections from the defendant may support the claim that lack of work on a sidewalk contributed to a crack that injured a person.
To establish causation, a plaintiff must prove that the particular event (eg. Car accident) was the event that caused the injuries being claimed as opposed to some other unrelated event. Medical records are frequently the most valuable evidence to support causation. Documentation dated after a car crash ties a person’s injury to that accident as well as witnesses from the scene of an accident. Medical receipts, pay stubs, and other financial records showing the cost of medical care and lost wages prove damages. Experts can also testify about non-economic damages like pain and suffering or impact on a family dynamic to help prevail in the action.
Expert witnesses are sometimes used and may be instrumental in establishing fault and causation in an injury case. A medical professional may be called to about the severity of an injury, the treatment received and the effect those injuries will have on the injured party. There are occasions when an accident reconstructionist is used to support a personal injury claim. An accident reconstruction specialist thoroughly investigates the accident scene, examines evidence available, and recreates an intricate reconstruction detailing how the accident happened. Expert witnesses provide strong evidence to substantiate your story and highlight the defendant’s carelessness.
The defendant’s lawyer will use anything possible to deny fault. If a slip-and-fall accident happens on a snow-covered path, the defense might argue “natural accumulation.” Other defenses might include breaking down the injury timeline, comparative negligence and even assumption of risk. The defendant’s attorney uses these tactics to undermine the plaintiff’s presentation of negligence. The complex nature and potential long-term impact of any injury is why we take each client seriously and invest the time required.
We represent people who are injured because of the careless and reckless acts of others. At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. The reason that insurance companies have paid our clients in excess of $130,000,000.00 is that we get the facts and are not intimidated at the prospect of going to trial when insurance companies fail to offer full compensation. We help with serious injuries that require serious representation. We are the Law Offices of Guenard & Bozarth, LLP. Our attorneys have more than 60 years of experience specializing in only representing injured people. Call GB Legal 24/7/365 at 888-809-1075 or visit www.gblegal.com
