How Lawyers Prove Fault in Court

If you’re injured in an accident in Phoenix and want to be fully compensated, you need to be able to prove the defendant’s fault. This means putting together a strong case with undeniable evidence.

Experienced attorneys know how to establish fault by proving the defendant’s negligence, which is why you must have a skilled car accident lawyer for serious injury settlements. They’ll know the best legal approaches and strategies to apply to establish liability.  

There are many hidden issues in fast settlement deals that may lead you to seek the court’s intervention in your accident claim. But before you file a lawsuit, be sure you can prove liability.

How to Prove Fault in Accident Cases

Explain How the Burden of Care Relates to the Accident

Every organization and person of sound mind is legally expected to act in a manner that doesn’t put other people’s safety at risk. But how do you prove that the defendant neglected this responsibility?

It’s very easy to prove negligence if you have evidence to show how the defendant’s actions or fault could have been avoided.

Show How the Defendant Violated This Obligation

Be prepared to demonstrate how the defendant disregarded this obligation. Their lack of care must have directly led to the accident. It’s your responsibility to show that the defendant acted in a manner that fell short of the acceptable level of care.

Prove How the Defendant’s Actions Are Directly Linked to the Accident

The judges and jury must be convinced that were it not for the defendant’s actions, the accident wouldn’t have occurred. For example, you can present video evidence of the defendant driving carelessly or their toxicology test results showing they were drunk during the crash.

The court will also determine if your injuries are a possible consequence of the defendant’s actions. For instance, if the defendant ignores a stop sign and crashes into your car, the injuries you sustain are a probable consequence of their reckless driving.

Show All the Damages and Injuries You Suffered

It’s important to document all aspects of the accident, including the scene, damages to your property, and personal injuries. Keep copies of all your medical records as well as police reports and eyewitness contact information.

Let Gage Mathers Help

You and your attorney must gather valuable evidence and expert, police, and eyewitness reports to prove the defendant’s liability. In fact, this is how trial-ready lawyers approach claims.

Ready for a team of reliable lawyers who can easily prove fault in your accident or personal injury case? Gage Mathers is ready to step in. Contact us today!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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