How Do You Determine Fault?
If someone else’s negligence leaves you injured, such as in a traffic crash or slip and fall accident, bringing a successful claim that addresses your full range of covered losses will hinge on your ability to prove the other party’s fault, which – in turn – comes down to the evidence. Bringing a successful personal injury claim is legally challenging, but an experienced Charleston, SC, personal injury attorney is standing by to help.
The Other Party’s Fault
You will need to prove several primary elements to recover compensation for your losses in a personal injury claim. These include the fact that the other party owed you a duty of care, which means they bore a responsibility for your safety. For example, when we drive, we owe everyone on the road a significant duty of care. Further, the other party must have breached this duty of care, which refers to negligence in one form or another. Prime examples when it comes to car accidents include distraction, impairment, and excess speed. Additionally, the other party’s negligence must have been the direct cause of the accident, and you must have suffered losses addressed by the law as a result.
In other words, proving the other party’s negligence is critical to bringing a strong personal injury claim.
Gathering Evidence
The kind of evidence that is likely to play a critical role in your claim includes all the following:
- The police report and any tickets issued, such as a speeding ticket following a traffic crash or the accident report
- Any photos or videos taken at the scene, as well as any footage captured by dashcams, security cameras, or traffic cameras
- The testimony of eyewitnesses
- Physical evidence from the scene of the accident, such as skid marks and the positioning of the vehicles after a traffic accident
- The expert testimony of professionals who can help establish how the accident happened
- Accident reconstruction models that make visualizing the accident possible
Your dedicated personal injury lawyer will spare no effort in pursuit of the evidence necessary to prove the at-fault party’s negligence. The matter of determining fault is a lot like putting together a puzzle, and the more pieces that fit precisely together, the less chance there is that the involved insurance company can credibly deny their policyholder’s fault.
Your Legal Damages
In a personal injury claim, you can seek compensation for your medical bills, which may be ongoing, as well as your lost earnings, which may need to address lost earning potential. Finally, there is also the matter of addressing your physical and emotional pain and suffering, which can be immense.
An Experienced Charleston, SC, Personal Injury Attorney Can Help
If someone else’s negligence leaves you injured, Wyndham Law Firm has a seasoned Charleston personal injury lawyer whose wealth of experience and impressive track record leave him well-positioned to help you. For more information, please don’t wait to contact us online or call 843-279-5312 today.