Proving Liability in a Personal Injury Case

Personal Injury Case in Tracy

When you consult a personal injury lawyer , he or she will begin building a strong case to help you obtain compensation for your injuries. One of the cornerstones of a successful personal injury lawsuit is proving liability. That is, your lawyer will need to prove that the other party is at fault for your injuries. Many personal injury lawsuits are filed on the basis of negligence, while others are based on strict liability or, less commonly, intentional wrongs.

Proving Negligence

Negligence is a common basis for personal injury lawsuits because many accidents occur when an individual fails to exercise reasonable care. For example, another driver may strike your vehicle if he or she was speeding and could not stop in time to avoid an accident. In this case, your accident attorney will argue that the other driver should be held liable for your injuries and the damage to your car.

Evaluating Strict Liability

Not all personal injury cases arise from car accidents. In fact, countless people are injured each year because of defective products or medical devices. If this applies to you, your injury lawyer serving Tracy can file a lawsuit based on the principle of strict liability. This area of tort law states that manufacturers and designers of products have a duty to ensure that their products are reasonably safe when used as intended. For example, if you undergo surgery and receive a transvaginal mesh implant, and that implant later erodes and causes painful complications, your lawyer could argue that the device was defective and led to your injuries.

Proving Intentional Wrongdoing

Occasionally, an attorney might file a lawsuit on the basis of intentional wrongdoing. You might be eligible to file this type of lawsuit if criminal charges are also pending against the other party. For example, someone may have assaulted you or a store detective may have wrongfully detained you. Although criminal charges may be filed in these circumstances, your lawyer can also file a lawsuit in civil court. The resolution of the criminal charges will have no bearing on the resolution of the civil case.