Central Business District, New York

How to Prove Fault in a Personal Injury Case July 5, 2018

Central Business District, Rochester
How to Prove Fault in a Personal Injury Case, Rochester, New York

Anyone who has experienced a personal injury knows that the person or company who caused it should be held responsible. However, it’s often difficult to articulate this idea in a court of law. The personal injury lawyers at Vincent J. Criscuolo & Associates in Rochester, NY, share how to prove fault in a case. 

A Guide to Proving Fault

What Does it Mean to Be at Fault?

This means that a defendant is liable to you for their misconduct. Fault is generally associated with negligence, which requires a personal injury attorney to prove that the defendant owed you a duty of care, failed to honor that duty of care, and caused your injury, resulting in damages that affect your job and overall well-being.

Why Must a Personal Injury Lawyer Prove Fault?

personal injuryProving fault will win your case. This concept is the logical link you are making between the injury and the defendant’s responsibility to make you better. In a negligence claim, if the only wrongdoing you can prove is the employer mishandling personal information, then you don’t have enough proof to blame them for a trip and fall. The fault may be partly yours as well, especially if you were running on a wet floor that was marked as a danger and slipped.

How Do You Prove Fault?

Proving fault is about facts so you need to get the best evidence for the case. Whether you’re an injured tradesman getting fair workers’ compensation from an insurance company or a health care worker arguing with an employer, excellent evidence forms a better case. Start a timeline as soon as you are hurt, save any correspondence you receive about the injury, and print out all relevant emails. Having a personal injury lawyer on your side will also help you win the case and receive proper compensation for the injuries. 

If you were injured on the job in Rochester, contact Vincent Criscuolo & Associates for guidance. Their team will fight for your right to compensation. You should expect nothing less than attention to detail, passionate advocacy, and unparalleled determination. To find out more about their personal injury lawyers, visit their website or call (585) 232-3240.

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