Fishers, Indiana
11650 Lantern Road, #204
Fishers, IN 46038
317-576-8580

Personal Injury Attorney Explains the Rules of Proving Fault October 5, 2017

Fishers, Hamilton
Personal Injury Attorney Explains the Rules of Proving Fault, Fishers, Indiana

When you suffer an injury because of someone else’s negligence, how do you show who was responsible? The experienced personal injury attorneys at Massillamany & Jeter LLP in Fishers, IN, often counsel their clients about how best to establish fault in these cases. In civil litigation, determining this is key to holding someone accountable for paying money damages.

A Guide to Proving Fault

Negligence

Personal injury attorneys look for a person’s act of negligence when seeking to establish fault. Individuals have a legal duty to act in a way that doesn’t endanger others, so a professional will try to show how they failed to do so. For example, a car accident lawyer would argue that a texting driver who runs a red light and strikes his client’s vehicle has acted negligently.

Comparative Negligence

personal-injury-attorney-Indianapolis-INUnder the rule of comparative negligence, if the injured party was also less careful than they should have been, the amount of money damages they receive may be reduced by the percentage of their recklessness. In the car accident example, if the person struck was speeding, the settlement recovered will often be less than 100% due to their lack of care. 

Liability

Under the doctrine of respondeat superior, which is Latin for “let the master answer,” employers can be legally at fault when their staff members injure others accidentally. If dangerous conditions on real property lead to accidents, the owners may be liable, even if they did not cause those condition. Also, when accidents occur due to defective products, liability laws hold the makers and sellers strictly at fault. The people injured do not have to prove who created or allowed the defect.

If you or your loved one suffered damages that are someone else’s fault, contact an experienced personal injury attorney at Massillamany & Jeter LLP. Their team will fight to prove negligence and obtain the full compensation you deserve. Learn more about the firm by visiting their website, and call (317) 576-8580 to schedule a consultation.

Other Announcements, Events and Deals from Massillamany Jeter & Carson LLP
A Guide to Drunk Driving Penalties in Indiana, Fishers, Indiana
If you or someone you know is facing drunk driving charges, you are probably wondering what consequences might be at stake. While the laws vary between states, penalties generally ca...read more
When Should You Hire an Attorney After a Motorcycle Accident?, Fishers, Indiana
The thrill that comes with riding a motorcycle is appealing to many people, but the risk of being in a serious accident is quite high. Should you have the misfortune of getting hurt ...read more
Why Should You Choose Mario Massillamany as Your OWI Attorney?, Fishers, Indiana
If you’ve been arrested for operating a vehicle while intoxicated, you might be facing significant penalties, including fines, jail time, and license suspension—even for a first offe...read more
What Are the Differences Between Infractions, Misdemeanors, & Felonies?, Fishers, Indiana
Most state’s criminal law systems separate their crimes into three different categories—infractions, misdemeanors, and felonies. How a crime is categorized will usually depend o...read more
A Brief Guide to Criminal Record Expungement, Fishers, Indiana
Having a criminal record can make it difficult to find a job, get approved for an apartment, and it may even affect the outcome of child custody and other family law matters. Even a ...read more