Proving Liability in a Personal Injury Case

When a harmful accident occurs in Colorado, the person injured may be able to collect financial compensation from the at-fault party. These cases are based on liability, meaning one party’s legal and financial responsibility for injuries or losses suffered by someone else. If you wish to file a personal injury claim in Denver, you will bear the burden of proving liability as the plaintiff.

What Does it Mean to Hold Someone Liable in a Personal Injury Case?

Holding someone liable within the civil justice system means that you have established proof that the named party (defendant) is responsible for causing your injury and damages, and is therefore legally obligated to make you whole again through financial compensation.

If you successfully hold someone liable for a personal injury, that individual or entity will be responsible for paying for your damages, which may include medical bills, lost wages, property damage, and pain and suffering.

Establishing Negligence

Liability is typically proven in personal injury law by establishing negligence. Negligence is a legal doctrine that refers to someone using less than the appropriate standard of care for a situation. When neglect results in harm to another person, the negligent party can be held accountable with a personal injury claim.

Duty of Care

Negligence has four elements that must be proven as more likely to be true than not true to establish liability. The first is a duty of care. This refers to a legal obligation or ethical responsibility to exercise the degree of caution that someone in a similar situation would use. A motor vehicle driver, for example, has a duty of care to obey traffic laws and reasonably prevent car accidents.

Breach of Duty

A breach of duty can describe any act or omission that falls short of the accepted standard of care for the circumstances. It can refer to unintentional or careless acts, neglect, intentional or malicious wrongdoing, recklessness, or a wanton disregard for the safety of others.

Causation

It must be demonstrated that the defendant’s breach of the duty of care is what caused or significantly contributed to the injury in question. The plaintiff must provide evidence connecting the negligent or wrongful act with his or her accident and injuries.

Damages

Finally, the plaintiff must submit proof of damages suffered due to the defendant’s actions, such as bodily injuries, medical bills and lost wages. With evidence of these four elements, the plaintiff can establish that the defendant was negligent and prove liability.

Evidence to Prove Liability in a Personal Injury Claim

Proving liability takes clear and convincing evidence. The burden of proof is a “preponderance of the evidence” in personal injury law, meaning that something is more likely to be true than not true.

Winning your case and securing financial compensation from a defendant may take various forms of evidence, such as accident reports, medical records, photos and videos, eyewitness statements, and expert testimony.

Do I Need an Attorney to Prove Liability in a Personal Injury Case?

Hiring a personal injury lawyer to handle your claim for you can allow you to focus your energy on healing while a law firm takes steps to investigate, determine fault and liability, and collect evidence to prove liability on your behalf. Your lawyer can take immediate actions to preserve key facts and documentation.

While an attorney can make the legal process easier under any circumstances, it is especially important to contact a lawyer if your injury claim encounters challenges, such as a liability dispute or denied claim. Contact Fang Accident Lawyers for a free consultation with one of our attorneys for more information.