Determining the fault in a personal injury is complicated but often depends on whether someone was negligent or careless. In general, the person or the business that caused the accident must pay for the victim’s injuries, but you have to determine who was at fault legally.

It is important to work with a Personal injury attorney in Atlanta who can investigate your case and determine the fault. Determining the fault can be done in several ways. In most cases, the defense team will try to minimize and avoid compensating the victim.

How to determine fault after a personal injury

If any injury occurs due to the fault or negligence of another person, the first action you should take is to seek medical help. Next, you have to gather evidence about the incident and damages incurred from the injury. You can either take photos, video footage, medical records and bills, police reports, disability claims, insurance adjustments, witnesses, etc.

Once you gather the evidence, you should start looking for who was at fault. Sometimes fault can be shared both by the defendant and plaintiff. In that case, the judge will determine who was more responsible for the damages.

Proving fault by negligence

When the plaintiff and their lawyer can prove that the defendant was negligent, the case will be sealed for increased damages, fault, or both. The plaintiff should maintain the following criteria to prove negligence.

  1. The duty that required the person to adhere to specific rules and conduct to protect others
  2. The required task was not performed
  3. The defendant’s failure act lead to injuries
  4. The victim suffered damages and losses due to injuries.

Each of these elements is required to prove negligence in personal injury cases. Negligence determination can vary from case to case as it is entirely fact-based.

Other methods to prove fault

  • Strict liability

Every company has the duty to prepare, pack and label all of their products, including the dangerous ones. If any product causes injury or death to a person, the company will be held liable for the damages caused to the customer from their products. 

  • Wanton or wilful misconduct

Wanton of willful misconduct applies to the person protected from civil litigation as long as they act in good faith. Examples can be emergency responders or charitable organizations.

  • Comparative fault

In comparative fault, both parties are held responsible for the accident. In this case, the judge will determine how many at-fault parties caused the injury.