If you have been injured in an accident, you should become familiar with the concept of negligence. Proving negligence is a critical aspect of what a personal injury attorney does in every case they take. This is because proving that you were hurt is not enough. You have to prove who is responsible for your injury. The best way to do so is to work with an experienced injury lawyer. To speak with one for free, call The Law Offices of J. Chrisp at 1-877-524-7477.
What Is Negligence?
Negligence is a term in personal injury law. It is defined as an act or failure to act, and it determines who is to blame for the accident. By establishing fault, the insurance company or court can determine who is supposed to pay for the damages. In any injury case, negligence has to be established, because if no one is at fault, there is no one to go after for financial damages.
How Negligence Is Proven in a Car Accident Case
If you were injured in a car wreck, proving negligence typically requires investigating the wreck. Interviewing witnesses, reviewing pictures, and looking at the accident damage can help to prove how the cars were moving and what happened. This can become more complicated in a pileup collision, since several cars are usually involved. In this case, more than one driver could be negligent.
Personal Injury Law and Defining Negligence in a Premise Liability Case
Proving negligence is much harder in a premises liability case. According to personal injury law, it must first be established that you were hurt or injured. Next, the location of where you were injured has to be proven. Very often, the other side will argue that you were actually hurt at home or somewhere else off-site. Lastly, we need to prove that the business, homeowner, government agency, etc. knew that there was a hazard and did not fix it or warn people about it. Sometimes, proving that it had been there long enough for them to have realized the danger is enough to prove negligence, even if we cannot demonstrate that they specifically knew about the problem. Since these cases require proving awareness, it is critical that you work with an expert personal injury attorney who understands how to gather the right evidence to prove negligence.
What Happens When Both Parties Are Negligent?
Every state is different, but California has comparative negligence. That means a judge or jury will have to decide who caused the accident and what percentage of negligence that each party had in the process. As a result, verdicts in a personal injury case often aren’t cut and dry. For example, if a person was injured at a store because they were running and tripped over a torn rug, the business may be mostly at fault because of the tear, but the judge may find the victim also at fault because they were running. In this case, it must be determined how much at fault each party is. This could be 80/20, 60/40, etc. As long as one party is at least 51 percent negligent, they will be determined to be at fault for the accident. However, with comparative negligence, each party is only required to pay for a portion of the total cost in accordance with their percentage of fault. In the example of a person tripping, if the business was found to be 80 percent at fault and the total financial award was $20,000, they would be required to pay $16,000. This makes hiring the right personal injury lawyer incredibly important. Your lawyer needs to not only prove that the other party was negligent but that you were either not responsible or had very little to do with the original accident. Otherwise, you could receive a very small reward or no reward at all.
Protect Your Rights by Calling a Personal Injury Attorney
If you have been hurt in an accident, call The Law Offices of J. Chrisp at 1-877-524-7477. You can also contact us by email. Proving negligence requires an understanding of California personal injury law and the ability to apply that law correctly. Working with an experienced injury attorney is critical to your success. Attorney J. Chrisp has the experience you need and is currently offering free consultations.
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