At the moment of suffering a personal injury, it may be too obvious for us whose fault was the accident. But, as time goes by, maybe it will get harder to determine the person´s fault when making a personal injury claim.
Still, it is possible to determine the liability so that, in the end, you can get the compensation you deserve for the caused damage. There are many ways to do it, and a personal injury lawyer in St. John’s can help you to achieve it.
Gathering as much evidence as possible will be fundamental, and if you want to take the case to court, the judge and jury must count with enough proof of the accident to establish a verdict against the at-fault party.
Gathering evidence to prove fault at a personal injury case
There are many things that you and your attorney could use against the person, company, or entity that caused the accident. Normally, the personal injury claims are made due to the careless and irresponsible attitude of the guilty party and, without the shadow of a doubt, that is something you can use against it.
Something that could prove a case of negligence is the caused damages, either those are mental, physical, emotional, or material. You can use medical receipts and bills or photo and video evidence to prove a case of abuse.
Anyway, you can also prove that the accused deliberately caused damages against you and not only did it “by accident”. If the personal injury claim arose due to intentional conduct against our wellness, that can prove the damage was not caused by accident.
A personal injury lawyer in St. John´s can help you to make conclusions and to defend them in court. The attorney could also help you prove negligence per se, which means the accused has violated a statute and that automatically makes him or her liable for the damage.
How can the defendant reduce his or her liability?
If the court gives the defendant that option, there are some defenses his or her attorney can use to reduce the liability and thus the severity of the judgment. For example, if an employee has caused an accident during work, he or she could make use of the “Employer liability”.
This means that the employer is the one who has to pay for the damages since the incident occurred during the work-time. On the other hand, not only the at-fault party is completely guilty of the damages.
In case both parties have a percentage of liability for the accident, the judge and jury will make the defendant pay only a part of the claim made by the plaintiff. Of course, this can vary depending on where you are located, since in some states, if the plaintiff has a percentage of fault, it will be impossible for him or her to claim from the beginning.
In the end, if you need help to know more about the situation, a personal injury lawyer in St. John´s can help you. Here in Barapp Injury Law Corp, we are ready to help you. You only need to dial 1-800-260-0784 and we will give you a free case evaluation and all the advice you may need.