Proving Negligence in PI Cases

If you’ve been injured in an accident, it may be in your best interest to file a personal injury claim against the other party. Whether it is a car accident, slip and fall or other type of personal injury claim, you will likely incur significant medical expenses. In addition, you may also have lost wages, mileage costs for medical appointments, over-the-counter medications, etc. These amounts can add up fast and the other party should be responsible for paying for those costs. To do that, a personal injury case must be opened.

The most basic step in a personal injury claim is establishing liability. You must prove that the other party is at fault for the injuries caused by their actions. Most personal injury claims are settled outside of court, but if the insurance adjustor is not willing to offer a fair amount, you may be forced to file a lawsuit. In that situation, your petition for damages may include a claim of negligence. Depending on the type of personal injury claim you have, negligence can be proved in different ways.

In the case of car accidents, negligence per say may be alleged. What that means is that the other party was negligent by not obeying traffic laws. Whether it was a failure to yield, failure to follow the speed limit or something else, negligence per say says that by breaking a traffic law, the other party was, by definition, negligent. In slip and falls or premises liability cases, negligence is slightly different. Negligence can be alleged by proving that the premises were not properly maintained, there were unsafe conditions that were clear and obvious to the owner or that they failed to inspect and care for part of their property in a reasonable way. Evidence of these unsafe conditions will be needed to show that the owner was in fact negligent in providing a safe environment for someone on their property. 

Personal injury claims are complex and proving the other party is at fault is of the upmost importance. Hiring an experienced and knowledgeable personal injury attorney is paramount to ensure that your claim is handled fairly. To protect your rights and your financial interests, hiring an attorney like Daniel Finder at Finder Law, LLC is your best option to having a successful outcome to your claim. Our attorney can discuss your case with you. He can explain how the process works and what a realistic outcome may be based on your specific circumstances.

Call our office today to set up a consultation so we can help you navigate this stressful and complicated process.