Determining Liability in a Bloomfield Personal Injury Lawsuit
Understanding who is legally responsible is the most important aspect of any personal injury case. Liability means that a person, business, or other party is held accountable for causing harm to someone else. If you can’t prove fault, you have no one to collect damages from.
In most personal injury cases, you need to show that the other party was negligent. This means they acted in a way that a reasonable person wouldn’t have, or they failed to take actions that could have prevented harm. Negligence is more than making a mistake; it’s about failing to meet the basic duty everyone has to act safely around others. To win your claim, you or your experienced Bloomfield personal injury lawyer will need to prove all of the following elements:
Duty of Care
A duty of care is the basic responsibility a person or entity has to avoid causing harm to another based on the relationship that exists between them.
For example, every driver on the road must drive carefully and follow traffic laws to keep others safe.
Breach of Duty
A breach of duty occurs when someone fails to meet that responsibility. If a driver is texting while driving, they are not acting as a careful driver should. This step is about showing that the other person’s behavior fell short of what is expected.
Causation
Causation is showing a direct link between the breach and your injury. For instance, if the driver who ran the red light crashes into your car, that action is the clear cause of your injuries. If the driver was negligent but that wasn’t the cause of the accident, your claim won’t succeed.
Damages
Damages refer to the actual harm or losses you suffered because of the accident. This can be medical bills, lost paychecks, pain and suffering, or things you can no longer do.
For example, if a car crash left you with a broken arm, hospital bills, and missed work, those are damages you can seek compensation for.
Important Evidence Used to Prove Negligence
Understanding the elements that must be shown to prove negligence is a good start, but it’s also important that you understand what evidence is used to do this so you know what to gather after your accident. Some of the most common types of important evidence include:
- Photos or videos from the scene, including damage, road conditions, and injuries
- Police or accident reports that document what happened and who was involved
- Medical records that show the extent and cause of your injuries
- Witness statements from people who saw the accident or its aftermath
- Repair estimates or receipts for property that was damaged
- Any available dashcam or surveillance footage showing the incident
- Documentation of missed work or lost wages due to your injuries
When you start working with a lawyer, they’ll help you collect this evidence, but some of it is important to start gathering at the scene. If you have any questions or you need help with your case, contact us today to schedule a free consultation with a personal injury lawyer.