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Personal Injury Case: Proving Fault

Updated on April 30, 2013

You have been hurt in an accident. You are getting the treatment you need. So, how do you prove fault in your personal injury case?

Finding Fault

You can only file an injury claim against someone if they are negligent, that is the accident is their fault. Insurance companies do not like to pay claims and they will look for evidence to prove that the accident is not the fault of their insured. These are ways to help prove liability in your personal injury case.

Write Down the Details

First, write down everything that happened. When you are injured due to someone’s negligence, be sure to write down all details of your accident. You will want to record as many details as possible including:

  • Where did the accident happen?
  • Where were you going or what were you doing?
  • What time of day was the accident?
  • Is there a condition that led to the accident such as a wet floor, rain, broken traffic lights?
  • Who was involved in the accident? Get their contact information.
  • Was there any witnesses? If so, get their contact information

Take Photos

In addition to writing down these details try to take photos at the scene of the accident. For your personal injury case you will want photos of:

  • Damages to property such as dents in a car
  • Photos of your injuries
  • Skid marks
  • Conditions that lead to the accident like wet floors or missing steps

Photos of the accident scene can by very useful in determining liability and building your personal injury case. Often the details of an accident can be determined by looking at the damages caused during the accident. However, only take these photos if it is safe to do so. You can also take photos after the accident when things have calmed down.

Police Report

You will also want a police report. Even if the accident is minor a police report can be used to determine liability in your personal injury case. Get a copy of this report. Also be sure to note if the other person receives a ticket for a violation of the law

Witness Statements

If possible get the contact information of anyone who witnesses the accident. A witness may also give a statement to the police who investigate your accident. Having a witness will give your story much more credibility. With a more creditable story, your personal injury claim will be stronger.

If proving liability is a problem in your personal injury case, talk to a personal injury lawyer. These professionals know what is needed to determine fault and are willing to fight for a fair personal injury settlement.


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