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How do You Prove Liability in a Personal Injury Claim

How do you prove liability in a personal injury claim? If you are asking this question, it is probably because you were hurt and/or sustained damages in an accident that was not your fault.

You believe that you should be compensated for your injury and/or damages. In order to be compensated, you will have to pursue a personal injury claim.

What you want to know is, “How do you prove liability in a personal injury claim?” How do you prove that another party (can be a person or a company) was liable for the accident and your injury.

Bad idea

The first thing you need to consider before pursuing a personal injury claim is that it is nearly always a bad idea to do this yourself. It is nearly always better to have a personal injury attorney representing you in a personal injury claim.

One of the primary reasons why you need the help and representation of a personal injury attorney is that you will not be able to win your personal injury claim without proving liability on the part of another party. You also need a personal injury attorney because proving liability is a very difficult thing to do.

In most instances, proving liability means proving that another party was careless, reckless or negligent. Proving liability means proving that the accident in which you suffered injury and/or damages was caused by the carelessness, recklessness or negligence of the other party.

Defective product

The accident in which you were injured and/or suffered damages may have been the result of some type of defective product. If this is the case, you may need to prove liability for both the manufacturer and the seller of the defective product. This is true even though you may not know whether it was the manufacturer or the seller that was negligent in creating or permitting the defect or how the defect came about.

The person responsible for the accident may have been employed by another party. If so, you may have to prove liability for that person’s employer.

You may have been in a place where you were not supposed to be when the accident took place. Or, you may have been in a place where you should have realized that the type of activity occurring there could result in an accident. If this is the case, you may not be able to prove liability because the party responsible for the accident did not have what is referred to as a “duty” to you.


The accident may have occurred on property that was considered to be dangerous because it had been poorly built or maintained. In this instance, the owner of the property may be liable for being negligent in maintaining the property.

If you were partly responsible for the accident, your compensation may be reduced to the degree in which you are determined to be liable. This is known as comparative negligence.

Again, proving liability is not easy. The right thing to do is to let a personal injury attorney evaluate your claim at no cost or obligation to you.

Article written by James Shugart

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