Proving Personal Injury Fault

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When a negligent or reckless person doesn’t care about the public’s safety on their property and an innocent victim is injured, how is it possible to prove fault?

To pursue a personal injury claim, determining fault (liability) is necessary to hold the harming party responsible for paying economic and non-economic damages for an accident.

Louisiana law allows for the collection of monetary damages through a civil court legal process when someone negligently and recklessly causes injury to another person.

The questions of what liability is in legal terms and how it is proven are central to understanding how to pursue the money you deserve after you were seriously injured.

Personal Injury “Liability” In Legal Terms Defined

For the purpose of understanding responsibility in a personal injury claim, liability is a legally enforceable claim on the assets of a business or property of an individual or entity. It is based on a breach of duty or obligation to act responsibly.   Under both federal and Louisiana law, adults and businesses are assumed to be responsible for their conduct and that such conduct does not put others in physical jeopardy.

When a party fails to act responsibly and injures someone, they have an obligation, or legal duty, to pay monetary damages.   

Personal Injury “Fault” Defined As:

  • A person or entity has a “duty” to behave in a responsible manner.
  • That person or entity was negligent or reckless and failed to uphold their duty.
  • Because of their failure of duty, another person suffered injuries or loss.
  • The person or entity who failed in their duty is liable—at fault—for the consequences of that failure.

Negligence and Recklessness

To determine fault, one or more elements of negligence and recklessness must be proven. The legal definition of those terms is explained accordingly:

Negligence means the person or entity acted in violation of duty to another with that breach of duty causing harm to someone else.

Recklessness means the person or entity knew or should have known, that their action(s) were likely to cause harm.

When one or more of these elements caused injuries to another person, liability can be proven through the legal system.

How is Fault or Liability Determined in Personal Injury Cases?

The easiest way to determine fault is when the injuring party acknowledges their responsibility in causing harm through negligent, reckless or intentional misconduct. However, to avoid loss of assets and property, the at-fault party is unlikely to admit their failure to perform a reasonable duty of care. If they have an attorney, their counsel will likely advise them not to admit fault regardless of their responsibility in the accident or intentional misconduct.

In most cases, proving fault requires evidence collection, which may include an investigating police officer’s accident report, photographs/videos taken at the scene of the accident, medical documentation of the injury, witness statements, if any, and more when applicable.

When this information is compiled as proof of the injuring party’s fault, it can be presented to an insurance company or the injuring party with a formal demand for compensation.

If this means of collecting damages fails, a personal injury case may require a civil court lawsuit in a Louisiana superior court.

Should a personal injury case proceed to a civil lawsuit, a trial will commence before a judge or jury who will hear the evidence to determine fault for the accident or intentional misconduct.

Proving Fault in Louisiana Requires an Experienced Personal Injury Attorney

Without an aggressive, skilled personal injury attorney to help prove who’s at fault when you’ve been injured because of the negligence or recklessness of another, you may never collect monetary damages for the harm done to you. Or you may settle for far less compensation for your damages than you justly and legally deserve.

Attorney Josh Clayton provides a hands-on approach to each client’s case. Unlike some larger firms, we don’t hand off the important matter of proving fault to paralegals and legal assistants. Founding partner Josh Clayton takes seriously the monetary compensation an injured person deserves when someone has hurt them.

As members of the Shreveport community, we are concerned about our neighbors. With what’s at stake when someone has injured you, you deserve to get the largest possible settlement allowed by law. A results-focused firm, we only get paid on a contingency basis when you get paid. And there will never be any up-front cost to you.

Personal Injury Attorney Josh Clayton Representation

Over the past decade, attorney Josh Clayton has represented hundreds of injured people throughout Louisiana and has won MULTI-MILLION-DOLLAR settlements to help them recover monetarily and restore their quality of life. Since opening our doors in 2008, Clayton Law Firm has developed a solid reputation for helping good people with real problems and has the capacity to forcefully, aggressively and legally achieve recovery for our clients’ injuries. Because we’re known in the insurance and business industries, when we stand up to them, your case will be taken seriously.

Personal Injury Statute of Limitations

Because the statute of limitations for personal injury claims can be strict, it’s critical that you contact us immediately for answers to your questions. Call our respectful, understanding legal team at (318) 217-8487 to schedule a free personal consultation at our Shreveport office. Or if you prefer, send us a confidential message on our contact form to receive a prompt response. With a conveniently located office in Shreveport, it’s easy to find us. Or if you’re too injured to come to us, we’ll gladly meet with you at home or in a hospital or rehabilitation facility.

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