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How to Prove Another Party is at Fault in a Personal Injury Case


You cannot recover compensation in a personal injury case unless you prove another party is at fault for the accident that led to your injury.

You will not be able to prove another party is at-fault unless you gather evidence to support the four elements of negligence.

Below, our experienced Baton Rouge personal injury lawyers explain how to establish the four elements of negligence along with the different types of evidence you can use to support your claim.

If you suffered a personal injury that you believe was caused by another party's negligence, contact us today for a free legal consultation.

Four Elements of Negligence

These are the four elements of negligence that must be proven in a personal injury claim:

1. The Other Party Owed the Victim a Duty of Care

A duty of care is a legal obligation to act in the way a reasonable person would to prevent injuries to others. The specific duty of care depends on the situation. For instance, all drivers have a duty to obey traffic laws and avoid reckless driving to keep other drivers safe.

2. The Duty of Care was Breached

A duty of care is breached when someone fails to act the way a reasonable person would if he or she were in a similar situation. For example, a reasonable person would follow traffic signals and signs and not disregard them.

3. The Breach Caused Your Injury

There must be a causal relationship between the breach of duty of care and your injury. This means you need to show that your injury would not have occurred without the breach of duty of care.

4. You Suffered Damages Because of the Other Party's Actions

You cannot recover compensation in any personal injury case unless you show that your injuries caused damages, such as medical expenses, property damage, lost wages, or pain and suffering.

Evidence to Help Prove Negligence

You must present evidence to support your case and prove the four elements of negligence. This could include:

Medical Records

Ask for copies of medical records each time you are treated by a health care provider. This includes records of trips to the emergency room and visits to doctors and specialists.

You should also request copies of your medical records from before the injury to show how the injury has affected you.

Keep all receipts and bills from your treatment, as you may be reimbursed for these expenses if your claim is successful.

Documentation of Missed Work

Ask your employer to provide a statement of dates and times when you missed work due to your injury, either because you were physically unable to work or were receiving treatment. The statement should also detail your pre-accident earnings. This helps to document wages lost as a result of your injury.

Photos of the Accident Scene

This includes pictures of:

  • Your injuries
  • Property damage
  • Damage to vehicles, if it was a car accident

Communication Records

This includes records of all communication with insurance companies. If possible, try to communicate exclusively through email to ensure you have a written record of everything.

Witness Statements

Keep records of all conversations with witnesses to the accident. You should also obtain their contact information. This way, if you want more information or have questions about their account of events, you can contact them.

Contact One of Our Skilled Lawyers Today

Simien & Simien's experienced attorneys have many years of combined experience recovering fair compensation in many types of personal injury claims.

If you were injured due to another person's negligence, contact us today to review your claim. We can determine if you have a viable claim and begin a comprehensive investigation.

Our firm takes cases on a contingency fee basis, so you do not owe legal fees unless we recover fair compensation.

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