How to Prove Fault in an Oklahoma City Personal Injury Claim

Proving fault in an OKC personal injury case usually requires that you show the defendant was negligent. This often relies on having strong evidence. As the plaintiff in a personal injury case, you bear the burden of proof, so you must show that the facts are more likely than not as you allege. A personal injury attorney can help you meet this burden.

What Is Negligence?

Negligence is a legal principle that is often used in personal injury cases to show that someone else is responsible for your injuries. Negligence has four legal elements, as follows:

• Duty of care: The defendant has a duty to act with a reasonable duty of care. The duty is based on a legal duty, such as motorists have the legal responsibility to follow traffic laws, the relationship between the parties, such as medical providers being required to maintain the standard of care that other healthcare providers would render under similar circumstances, or the duty to act as a reasonable person.
• Breach of duty: A breach of duty is what the defendant did or didn’t do that violated their duty of care. For example, a motorist may have been speeding or a healthcare provider could have deviated from the standard of care by failing to order tests indicated by a patient’s symptoms.
• Causation: The defendant’s breach of duty is the direct and legal cause of your injury. The accident would not have occurred but for their actions, such as speeding or not ordering medical tests.
• Damages: Finally, you must show that you were harmed in some way due to the accident, such as incurring medical bills or losing income.

Evidence That Can Help Prove Fault

You will need evidence to prove each element of a negligence claim so that the matter is not simply your word against the defendant’s. This evidence could include:

• Accident reports citing the defendant’s actions or inactions as a cause of your injuries
• Photos of the accident scene
• Witness statements
• Medical records showing your diagnosis and its connection to the reported accident
• Videos from traffic cameras, dash cams, surveillance videos inside or outside stores, etc.
• Reports from accident reconstructionists or other experts who help show how the accident happened or affected you
• Medical bills, loss wage statements, property damage estimates, and other documentation of your losses

The more detailed and credible the evidence you provide, the stronger your case will be and the greater likelihood that you will receive fair compensation.

How a Personal Injury Lawyer Helps Prove Negligence

A personal injury attorney can help you meet your burden of proof by:

• Investigating the accident and identifying all parties and factors that contributed to your injuries
• Gathering critical evidence for your case
• Presenting the evidence in a compelling fashion to the insurance company, judge, or jury
• Coordinating with medical, economic, and technical experts
• Requesting records
• Obtaining additional evidence through the formal discovery process

Don’t leave your case to chance. Contact Oklahoma Injury Law Firm for a free consultation to discuss your case during a free consultation.