How Do You Determine Fault?
Determining who caused your accident or injuries can be complex, requiring convincing evidence. Suppose you have ever suffered a slip and fall, injuries in an auto accident, or suffered at the hands of a physician. In that case, you may be eligible to receive compensation for your expenses.
Our Harrisburg personal injury attorneys are dedicated to helping individuals regain control of their physical and emotional health. We help you understand the components that must be proven in a personal injury claim and why you should hire legal counsel.
What Must Be Proven in a Personal Injury Claim?
The following elements must be proven in a personal injury claim:
- Duty of care: An individual’s duty of care will depend on the situation. In a medical malpractice claim, physicians must follow the standard of care established in their practice, given the same or similar circumstances.
- Breach of duty: Either through an act or failure to act, the defendant (i.e., health care provider) violates the acceptable standard of care.
- Causation: You must show that the defendant’s actions caused your injuries. Causation in medical malpractice cases is the most difficult to prove, requiring that you provide evidence showing that the physician (not your own actions) is solely responsible for your injuries.
- Damages: Due to the defendant’s behavior, you suffered lost wages, medical costs, and pain and suffering. Although the Commonwealth of Pennsylvania places no limit on compensatory damages, punitive damages are limited to twice the amount of compensatory damages.
Evidence Needed to Prove Fault
Proving that another individual caused you harm requires sufficient evidence. In a personal injury case, the following types of evidence may be used:
Police Report
Available in auto accidents, a police officer who arrives on the scene of an accident will take down key information related to the crash, including who the officer determines caused the accident. If there were no injuries or property damage, you must report the collision directly to the DMV within five days. Insurance companies typically like to see a collision report since it contains pertinent information to show who is at fault.
Photographs
Documentation of a person’s injuries and the accident scene can pinpoint liability in any personal injury claim. If you fell on another person’s property, take photos of your injuries and the defect that caused your fall.
Video Footage
While photos can speak volumes, video footage can show what events unfolded, resulting in your injuries. In an auto accident, a recording may be available from a cell phone, dash cam, or surveillance camera. In medical negligence cases, a procedure may be recorded for research and educational purposes.
Eyewitness Testimony
Any eyewitness can serve many roles, including confirming the findings of a police report, corroborating a victim’s account of events, and providing an impartial perspective. No matter the type of personal injury, witness testimony is often powerful, describing what the individual saw or heard and the general mood of the scene of the accident. This can accomplish wonders to persuade a hesitant juror.
Expert Testimony
Most often used in medical malpractice cases, expert testimony allows another person who has specialized knowledge (typically a physician) to provide their opinion on a case. Under Pennsylvania Rules of Evidence Rule 702, a person is qualified to testify as an expert witness if:
- The expert’s scientific, technical, or specialized knowledge is greater than the average person’s
- The expert’s scientific, technical, or specialized knowledge will help a judge or jury to understand the evidence or to decide on a fact to determine liability
- The expert’s methodology is generally accepted within the field
Benefits of Working with a Personal Injury Attorney
For any successful personal injury claim, compelling evidence must be provided to prove another person’s liability. Most personal injury cases are centered around an individual behaving carelessly, causing a victim harm. At Mette Attorneys at Law, we have experience in gathering evidence and know which types of evidence will be needed to ensure that you receive just compensation.
Besides providing supporting documentation, we will advocate on your behalf to fight for the compensation you deserve. We know what tactics claim adjusters use, and we are not afraid to go head-to-head with the insurance company. If insurance refuses to pay what we believe is warranted, we will take your case in front of a judge.
Speak with a Harrisburg Personal Injury Attorney Today
At Mette Attorneys at Law, we believe that injury victims should be compensated fairly, allowing them to gain a new lease on life. If you have been injured due to another’s carelessness, our Harrisburg personal injury attorney is prepared to advocate on your behalf. If you want to find out how much your personal injury case is worth, contact us online or by calling (717) 231-5219 to schedule your consultation.