Personal Injury Settlement Considerations: Fault in an Accident

Before a personal injury settlement can be reached in a personal injury case, the parties involved must determine fault. When determining who is at fault in an accident, insurance companies, attorneys, and courts need to make several key determinations to adequately assess liability. Essentially determining fault in most personal injury cases amounts to finding out who was negligent, acting wrongfully, or who was more careless (than other involved parties) in causing the personal injury.

How is Fault in a Personal Injury Case Determined?

To prove fault in your personal injury case, all of the following must be proven in court:

You, the injured party, must prove that the defendant had “a legal duty of care” in the circumstances
The defendant failed to meet this legal duty by acting or failing to act in the instance of your case
The defendant caused the incident , and it resulted in some form of physical injury to you

Factors Affecting Fault Considerations

There are several factors that can affect the determination of fault in personal injury cases. For example:

If you are injured by someone else but you were also negligent or careless, you are likely to have your personal injury settlement reduced. This is called “comparative negligence.” In some states, those that use a contributory negligent system, you will be barred entirely from suing if your own negligence contributed to the injury.

If you are injured because you are in a place you are not allowed to be, the other party may not be considered at fault for your injury. This is also true if you should have reasonably expected to be injured by being in such a location illegally.

A property owner may be held at fault for an accident that occurs on his or her property, if it can be proved that property had poor construction or maintenance. Surprisingly, the owner can be found at fault even if they technically did not create the poor condition.

If you have been injured due to defective devices, both the manufacturer and the one who sold the device can be found liable for your injury.

Getting Help

To prove fault, all evidence and witness testimony must be closely considered, including police reports, medical records, scene photos, witness and doctor comments, and more. The injured party’s attorney may also interview the defendant to make sure that the plaintiff is not lying in order to make a false claim. Close consideration will be given to cases when both parties share some responsibility, meaning that the plaintiff is most likely to receive less in damages. As such, in any case where fault is at-issue, you must get the help of a lawyer who can assist you in proving your case and getting the insurance company or court to find in your favor.

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