Pittsburgh Injury Attorneys
Proving Fault in Accident Cases
When a negligent person causes you to become injured, you have the right to file a lawsuit and receive compensation for medical expenses, property damage, lost wages, and pain and suffering. However, in order to do so, you must prove that the defendant is responsible for your injury. You should hire a highly qualified Pittsburgh injury attorney to assess the strength of your case and assist you in proving fault.
Negligence refers to the reckless or careless action of another person. A person is negligent when he or she has a duty to act carefully but fails to do so. Negligence will likely be the basis for your case.
How to prove negligence
In order to prove negligence, you must show that the following four basic elements existed:
- Duty of care: The first step in proving fault is to show that the defendant owed you a duty of care. The defendant has a duty to avoid causing you injury if a reasonable person in the same situation could foresee that the action or omission of the action would cause you to become injured. Sometimes proving duty of care is easy. For example, if a person fails to stop at a stop sign and hits you, he or she failed to exercise due care. However, in some cases, proving duty of care can be confusing and you should seek the help of a knowledgeable attorney.
- Breach of duty: The second step is to prove that the defendant failed to carry out their duty of care. If the defendant fails to maintain their vehicle, and as a result crashes into you, he or she has failed to carry out their duty of care because a reasonable person would maintain their vehicle.
- Cause: Now you must show that the defendant's breach of duty caused your injury. Having a skilled attorney is extremely important because causation can sometimes be unclear.
- Damages: Here you must show the extent of your injuries and the damages owed to you as a result of the defendant's negligent action. Damages may include property damage, medical expenses, loss of wages, and pain and suffering.
Injury attorneys in Pittsburgh
While you are not required to hire a lawyer in order to file a lawsuit, having trustworthy Pittsburgh injury attorneys from Tarasi & Tarasi by your side can reduce stress and ultimately improve your chances of receiving a settlement in your accident injury case.
