Proving Fault in a Personal Injury Lawsuit
Personal injury is almost always caused by negligence or poor decisions of someone else, whether it is in a car accident, a workplace accident, or an accident involving a defective personal product, like an appliance. When you are injured in an accident, you have legal recourse, and you may be able to get compensation for what you have suffered.
The first thing you should do after your accident is call an experienced personal injury lawyer in Chandler who can guide you through the process and help protect your interests. Your personal injury attorney will help you understand what needs to be done to prove fault in your personal injury lawsuit, which may include:
Accidents rarely happen in a vacuum. There are usually several people who saw what happened and can offer testimony that can be used in court. In some cases, the “witness” can even be video evidence, such as security cameras in the parking lot of a shopping center or inside a workplace. The cameras can show exactly what happened in the accident.
Your Chandler personal injury attorney will interview witnesses and review any video that is available and determine how it can be used to support your claim. An experienced attorney knows how to weed out unreliable witness testimony or how to get video evidence thrown out if it is inconclusive or its quality is questionable. Your attorney will also be able to uncover the right sources to prove your claims.
Eyewitness testimony can be unreliable, as can people’s own memories. But forensic evidence can provide concrete proof about what happened. For example, the tire tracks from an accident can prove whether someone was speeding, and blood tests can show whether someone was under the influence at the time of the accident.
Your attorney will know what forensic evidence needs to be unearthed to win your personal injury lawsuit, and will work with the right experts and labs to get it. That might include analyzing a personal device, collecting evidence at the scene of an accident, or performing chemical tests of a product or medicine. The needed evidence will depend on the circumstances of the accident and the injury.
If your accident occurred at work, your attorney will likely look at safety logs to see if there is any evidence of negligence. For example, the logs might show that a machine operator was not given the right breaks or was required to work for longer than was safe.
Your attorney may also look at the safety logs of the company that made the product or piece of equipment you were using that led to your injury. Any documentation or tangible evidence showing negligence or willful disregard, such as ordering a low-quality part to save money or skipping breaks to get more out of payroll, could be used as evidence in court.
There may be extensive documentation that can show a person’s knowledge of a safety issue or their willful disregard of safety practices, leading to the accident causing your injury. For example, your attorney might find an inspection report that told the driver that a tire with thinning tread was a safety issue but that the driver elected not to get a new tire. Or your attorney might find internal company documentation raising concerns about the safety of a product feature, followed up by documentation dismissing those concerns and pressing forward with production.
As you would imagine, these are not going to be easy documents to unearth. No person or company is going to hand over evidence pointing to their negligence or guilt, and they aren’t going to alert you of its existence, either. You need an expert personal injury lawyer who knows what they’re looking for and has the best team to help them get it.
Proving negligence or intent in a personal injury case is key to getting a ruling in your favor. Otherwise, you could be said to have made the poor decision that led to your injuries yourself. Make sure you have the right personal injury attorney on your side so you can get the compensation you deserve for what you have suffered.
My AZ Personal Injury Lawyer is ready to help you. If you have been injured in accident caused by another’s negligence in Arizona, a personal injury lawyer from our team is ready to talk to you. Explore your legal options and find out if you should pursue a personal injury lawsuit. Call us in Arizona today.
My AZ Personal Injury Lawyers
1731 West Baseline Rd.
Mesa, AZ 85202
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