If you have been injured in an accident that was not your fault, you may be wondering what steps you need to take next.
Determining who is at fault for an accident can be complicated, but it is important to understand the key factors that will be considered.
This article will discuss the most important factors in determining fault in a personal injury claim.
Let’s get to the list.
Duty of Care
The first factor that will be considered is whether or not the person who caused the accident had a duty of care to you.
This means they owe you a duty to take reasonable care to avoid causing you injury.
As stated by this personal injury lawyer Las Vegas, the court will look at what a reasonable person in the same situation would have done to avoid causing injury. If the person who caused your accident did not take reasonable care, they would be found at fault.
However, this does not automatically mean that the person who did not take reasonable care will be liable for your injuries.
The court will also consider whether or not you were contributorily negligent. This means that you did something that contributed to your own injuries.
For example, if you were not wearing a seatbelt at the time of the accident, this may be considered contributory negligence.
Breach of Duty
The next factor is whether or not the person who caused the accident breached their duty of care to you.
If the person breached their duty to take reasonable care, they would be found at fault for the accident.
The court will consider what a reasonable person would have done in the same situation as the defendant.
For example, if you were hit by a car while crossing the street, the driver of the car would be found at fault because they breached their duty to take care when driving and failed to see you crossing the street.
Causation
Causation is another factor that will be considered when determining fault. This means that the court will look at whether or not the person who caused the accident actually caused your injuries.
For causation to be proven, it must be shown that the defendant’s breach of duty was the “proximate cause” of your injuries.
Proximate cause is defined as “a cause that is nearest or most direct.”
This means that the breach of duty must have actually caused your injuries, and there cannot be any other intervening factors.
For example, if you were hit by a car while crossing the street and suffered a broken leg, the driver of the car would be found at fault because their breach of duty was the proximate cause of your injuries.
However, if you were hit by a car while crossing the street and suffered a broken leg but later discovered that you had osteoporosis, the car driver would not be found at fault because your osteoporosis was an intervening factor.
Damages
Lastly, the court will also consider whether or not you have suffered any damages due to the accident.
Damages include physical injuries, emotional distress, property damage, and lost wages.
If you have not suffered any damages, you will be unable to recover anything from the person who caused the accident.
For instance, if you were hit by a car while crossing the street but did not suffer any injuries, you would not be able to recover anything from the car’s driver because you did not suffer any damages.
These are the key factors that will be considered when determining fault in a personal injury claim.
Understanding each factor and how it may apply to your case is important.
If you have been injured in an accident, contact a personal injury lawyer to discuss your case and determine if you may be entitled to compensation.