Determining Fault In Your Personal Injury Case

Determining Fault In Your Personal Injury CaseThe at-fault party in a personal injury lawsuit is the party that will be responsible for paying damages, so one of the most important parts of a personal injury case is determining just who is at fault and proving this in a court of law. Using negligence to prove fault in these cases is one of the most popular methods of determining fault, but it isn't the only one, and your attorney will be able to assist you through this process of determining fault in your particular case.  At, we know all of the ins and outs of determining all of the percentages of fault in Florida personal injury cases, and we can aid you each step of the way when it comes to accurately representing just who may be at fault in any particular situation.

Using Negligence To Prove Fault

In many personal injury cases, there is a negligent party who had a hand in causing the accident, thereby giving them fault for the accident occurring. Claiming negligence is an oft used method of determining fault, and there are several ways to go about doing this during the course of a personal injury lawsuit. The 4 elements of negligence that must be proven in order to prove that one party was negligent in a personal injury case are:

  • Damages – The injured party must have incurred actual damages as a result of their accident if they wish to prove that one party's negligence was the cause of their situation. These monetary expenses will have to stem from the accident in question, and they may include missed work wages, medical expenses, hospital bills, or property damage.

  • Causation – The party being deemed negligent must have their negligence be the direct cause of the damages the injured party is looking to recoup. Without causation, there is no proving negligence in a personal injury case, and this is one element that must be proven if you want your personal injury case to stand up before a court.

  • Duty – A legal duty must be owed by the negligent party to the injured party if proving negligence in a personal injury case, such as a duty of care or a duty of safety. If the party being deemed negligent owed a duty to the injured party that they would be safe on their property, for instance, and the injury still occurred, they may be considered negligent in the accident by the court.

  • Breach of duty – The lawful duty that the negligent party owed to the injured party must be breached in order to be deemed negligent. If the duty was not breached, the injury would not have occurred, and this breach of duty will serve as the main negligent occurrence leading to the accident in question.

Proving Fault Without Negligence

Fault may also be proven without negligence, and there are other methods to determine fault in a personal injury case that will still stand before the court. In one example, intentional misconduct can be proven to determine fault in a case, or proving that the claim is subject to strict liability laws.

At, our professional Florida personal injury lawyers can walk you through all of the evidence in your case to decide just how to determine fault in your case. Whether proving neglicence is the best avenue to pursue, or another method of fault, our lawyers can be a great help in making sure any faulty parties are held liable for paying your damages. If you're thinking of pursuing a personal injury lawsuit in the state of Florida, and you're looking to determine fault, simply contact us at to see what we can do for you.


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Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

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