Determining and Proving Fault

If you have experienced a personal injury, there are probably numerous things on your mind at once, including wondering if you have a case or not. There are a few factors that play into deciding this, and each situation is unique, but the most important aspect of establishing a case is determining and proving fault for the accident and related injuries. If you require additional assistance determining if you have a personal injury case, our attorneys would be happy to help!


The first step in establishing a personal injury case is to determine liability or fault. This means that someone else’s actions (or lack of action) directly led to the scenario that you experienced causing your personal injury. Simply experiencing an injury, even one on someone else’s property, does not automatically mean that you have a case. There must be negligence that can be found as liability, such as a lack of warning signage for a wet floor, knowingly failing to remove obstacles from a walkway, and more.

When negligence like this is present, and you can directly link your personal injury to these actions (or non-actions), you may potentially have cause for a case. If you are unsure if your injury occurred because of negligence, or if you don’t know who may be responsible, contact our experienced and knowledgeable personal injury attorneys for a free consultation.


So you have determined that your personal injury did indeed occur due to someone else’s fault. You know who is liable for the situation that led to your injury, but you need to be able to prove it in order to have a successful case. You can begin to gather proof on your own or you can contact an experienced attorney to assist you with this process.

There are many things that you can use in your personal injury case to establish proof of negligence or liability. Proof can, and often does, include statements from eye witnesses to the accident from which your injury occurred. These witnesses can vouch for you and the negligent actions that whoever is responsible took (or didn’t take).

Proof may also be accident reports from security or the police if they were called to the scene. Medical documents and all reports of treatment as well as severity of the injuries can also be beneficial to your case. If you have pictures of the scene of the accident, or even video surveillance, these make for very convincing arguments in proving fault.

It is best to gather as much of this information and evidence as possible, so the likelihood of proving negligence is increased. Accident and Injury Attorneys are able to assist with this, as well as deciding if you have enough proof to have a viable case. Often proof is necessary to show the cause of the injury, the extent of the injury, and how it could have been prevented if proper precautions were taken by the property owner.

If you need assistance in determining and proving fault, contact our experienced personal injury attorneys today.

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