Personal injury cases are common in Washington, D.C., with some being easy to navigate and others more complex. If you have been involved in a personal injury case before, you likely understand some of its nuances. However, if this is your first time getting involved in such a case, you may need some help learning how to prove liability in a personal injury case and see it through successfully.
Whether you have decided to navigate it yourself or have sought the help of a personal injury attorney in Washington, there are certain things you must be aware of. This article discusses some of the most effective strategies that can be used when handling personal injury cases in Washington, D.C.
The Need to Establish Liability
For any personal injury case to succeed, liability must be established from the start. Liability means that someone is responsible for an act done to another person. When in a car accident, for example, you must know who needs to be held accountable for the accident. Is it a reckless driver who failed to comply with traffic rules? Or was it as a result of the actions of a negligent third party?
“Until liability is established, you cannot go through with a personal injury,” says Personal Injury Attorney John Yannone of Price Benowitz Accident Injury Lawyers. This is because when damages are sought, without identifying a liable party, there will be no one to claim those damages from.
Showing the Presence and Breach of a Care Duty
It is not enough to identify the liable party in a personal injury suit, you must also establish that there is a duty of care. This care duty is usually expected of a person who should be accountable or responsible for others. For example, a driver has a responsibility to exercise as much care as possible when driving to guarantee the safety of those in their car and other road users.
After showing that there was a duty of care owed to you, you must also show that the duty was breached by the at-fault party. This breach can either be a result of an action or omission that causes damage to you.
Identifying the Negligent Act
Negligence is a vital aspect of personal injury claims in Washington and other parts of the United States. Negligence occurs when someone with a duty of care towards others fails to fulfill that duty as expected. To determine whether an act is negligent, one must consider what a reasonable person would be expected to do in that situation.
A driver is expected to drive carefully and without any influence. Failure to do so can amount to negligence on the driver’s part. A doctor is expected to exercise care and skill when treating a patient. Failure to pay close attention to the details of treating a patient can amount to negligence.
Gathering Detailed Pieces of Evidence
Evidence is the backbone of law, as anyone making a claim is expected to prove it. To succeed in a personal injury claim, you will need as much evidence as possible. One thing to note immediately when there is an accident is to start gathering evidence. This may involve taking photos and making videos of the scene. It can also include speaking with individuals who witnessed the event to get their account of it.
One benefit you get working with a personal injury attorney in Washington is that they know how to help you out with whatever evidence you get together. Beyond getting the evidence, they also come in handy for you if the case goes to trial. If you want to get adequate compensation for whatever loss you suffered, then you need evidence to back your claim.
Conclusion
Going through with a personal injury case involves a series of activities that must be followed carefully. From identifying who is liable to gathering evidence needed at trial, you have to ensure everything is done right. Considering how taxing and complex this can be, it is better to work with a personal injury attorney who has experience dealing with similar cases.
