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How Do I Prove Fault in a Personal Injury Lawsuit?

In order to bring a valid personal injury claim, you must be able to prove the other party was at fault for the accident that resulted in your injury.

However, you will not be able to prove the other party is liable for your damages without first establishing the four elements of negligence were present during the accident. Proving negligence requires you to show that:

  1. The at-fault party had a duty to prevent or avoid causing you harm
  2. The at-fault party breached this duty
  3. The at-fault party’s breach directly caused your injury
  4. You suffered measurable losses

By proving your injury resulted from negligence, you are establishing that the other party’s actions deviated from those that a reasonably prudent person would make.

This means a competent person who has sound judgement would have behaved in a different manner than the at-fault party and would not have caused the accident.

Below, we outline the evidence personal injury attorneys in Las Vegas often use to construct a case to prove the other party was at-fault and recover compensation for your claim.

Evidence from the Scene

You can obtain some of the most vital information you need for your case from the site of the accident. This information may include:

  • Visual evidence of the damage and losses you suffered because of the at-fault party during the accident. This can include pictues of property damage and key features of areas surrounding the accident.
  • Statements from witnesses who personally viewed the accident.
  • Information gathered from responding police officers during their on-site investigation of the accident.

Photos of the accident scene are important because they can paint a picture of the events that occurred during the accident. It is often easier for others to envision the accident when they have photographic evidence.

Pictures can also be used as an effective tool to show important information that can help us construct a case to support your claim.

For example, if you were harmed in an auto accident, we can use photographic evidence to show the presence (or even the absence) of skid marks, the conditions of the road, and other valuable information to prove the other driver was at fault.

In a slip and fall case, we can use pictures of the property to show what exactly what caused you to slip or trip and fall.

Police Reports

If police arrive to the scene of your accident, the responding officer will likely conduct an on-site investigation and conclude which party he or she believes is at fault for the accident.

Police reports are helpful because they can provide an unbiased third-party overview of the accident from an authoritative official.

Our attorneys will use any evidence or observations listed in the police officer’s report as a basis to construct your claim. We may also be able to request the law enforcement officer who made the report to testify as an official witness on your behalf.

Expert Testimony

Personal injury cases may also require the use of an expert witness to testify in support of your claim. This is particularly useful in more complicated lawsuits like a medical malpractice claim.

For example, our attorneys can retain a doctor as an expert witness to testify that your injury resulted from medical negligence. An expert witness can explain how the medical professional who provided you treatment was negligent and which actions he or she should have taken to avoid causing you harm.

Contact Our Experienced Personal Injury Attorneys

If you were injured in an accident that was caused by someone else, you might have a legal claim.

The Las Vegas personal injury attorneys at Henness & Haight are ready to help you develop your case by gathering evidence to construct a case that may enable to get the compensation that you deserve.

We can further discuss your claim during a free, no obligation consultation. Our attorneys work only on a contingency fee basis, which means you only have to pay us if we recover compensation for your claim.