If My Injuries Were Caused by Someone Else, Will They Be Held Liable?
Recovering from an accident often involves surgeries, invasive treatments, and follow-up visits with specialists. If you have experienced injuries caused by another person’s negligence, you may feel your future was stolen. Nobody should be placed in financial ruin due to injuries caused by another person.
At Mette Attorneys at Law, we understand the stress of recovering from a personal injury. Our Harrisburg personal injury attorneys are dedicated to helping injury victims secure maximum compensation to get back on their feet.
Proving Another Person’s Liability
To win a personal injury suit, you must prove that another person’s negligence caused your injuries. This involves demonstrating the following:
- Duty of care: Every driver must follow traffic laws to keep other road users safe.
- Breach of duty: When breaking a law, a driver fails to meet their duty of care. A typical example is when a driver fails to yield right-of-way.
- Causation: You must show that the defendant’s actions caused your injuries. There are two types of causation in personal injury suits: Cause-in-fact and proximate cause. Cause-in-fact evaluates whether your injuries would have occurred if “but for” the defendant’s actions. Proximate cause refers to whether your injuries were a foreseeable consequence of the defendant’s actions.
- Damages: Due to the accident, you have suffered measurable losses. This may be in the form of lost wages, medical expenses, and emotional distress.
Evidence to Prove Negligence
Proving that another person caused your injuries can be challenging, requiring convincing evidence. In a personal injury case, the following types of evidence may be used:
Police Report
In a motor vehicle accident, the police officer who arrives on the scene will file a report detailing the date and time of the crash, the location, the parties involved, each person’s contact information, a diagram of the accident, and who the officer believes is responsible for the crash. Insurance companies like to see the police report since this summarizes the events leading up to the collision and which driver likely caused it (along with the officer’s reasoning).
Photographs and Video Footage
Any pictures of skid marks, accident debris, and vehicle damage can provide missing clues regarding a car accident. Similarly, cell phone footage, video surveillance, or a dashcam can capture the event unfolding in real-time.
Eyewitness Testimony
When evidence may be scarce, recounting the event told by an eyewitness can sway a juror who is on the fence. Eyewitness testimony will be even more compelling when told from the perspective of an impartial individual. Moreover, other evidence corroborating the witness’s statement will confirm the person’s credibility and make the testimony more compelling.
Degree of Fault and Recovery
Under Pennsylvania Consolidated Statutes §7102, a plaintiff (person filing a lawsuit) is entitled to compensation if they are 50% or less at fault. A plaintiff who is more at fault than the defendant (51% or greater) will be barred from recovery.
If you contributed to your injuries, your damages will be reduced by your percentage of fault. For example, if you are determined to be 40% at fault but submit a claim for $50,000, your claim will be reduced by 40%, or $20,000. So, you will only receive $30,000 for your original $50,000 claim.
Determining liability can be complex, resulting in a victim waiting several months before receiving compensation. If certain types of evidence are not available or if the evidence is sparse, we will explore different avenues to obtain a positive outcome.
A Harrisburg Personal Injury Attorney Offering Tenacious Representation
If you or a family member have suffered injuries, the Mette legal team would like to hear from you. We can help you recoup adequate compensation for your losses, allowing you to pay for your medical expenses and lost wages. If you are interested in arranging a consultation with our Harrisburg personal injury attorney, contact us online or call our office at (717) 231-5219.