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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


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. 


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.

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