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The Top Steps A Lawyer Uses To Prove Fault In An Injury Trial


Being injured in any kind of accident is no laughing matter, and making your recovery often involves a long road of not just physical and mental healing, but financial recovery as well. That’s because any accident that causes injuries will bring with it numerous heavy costs that are often overlooked by many until they face them. From lost wages to medical expenses and beyond, an accident can create serious financial problems.

That’s the key reason that speaking to an attorney is so important if you’ve been injured in an accident of any kind at all. They can help you determine what options you have available to you in terms of seeking compensation and then help make sure that you get the restitution you deserve. It all begins with one thing – making sure that the other party was at fault.

Under Florida law, it must be shown that the other party acted in a negligent or reckless manner and that those actions resulted in the accident that caused your injuries. If it’s shown that you yourself were negligent or it can’t be proven that the other party acted recklessly, receiving compensation can be much more difficult.

In some situations, proving fault isn’t that difficult. A drunk driver, for example, practically proves that they’re negligent just by getting behind the wheel. But in other cases, it takes a lot more work to show that a person acted negligently or recklessly – especially in cases like premises liability.

An accident attorney utilizes numerous tools and techniques to prove fault, and taking a quick look at them can help you see why these professionals are so important to your case – and your financial recovery after an accident. Here are some of the top steps a lawyer uses to prove fault in an injury case.

  • Accident Reports – Reports filled out by the police at the scene of an accident are usually ground zero for determining fault. These often include descriptions, drawings, and even statements from both parties and witnesses and are the foundation of building a case.
  • Mobile Phone Records – Obtaining mobile phone records could show whether or not one party was texting while driving or otherwise acting in an unsafe manner.
  • Accident Reconstruction – Private investigators and accident reconstruction specialists often recreate an accident scene in order to get a clearer idea as to what really happened
  • Black Box Data – Many vehicles today have black box data recorders like those on airplanes. They’ll actually make a record of everything from driving speed to braking force to turning information and more, giving a picture of what occurred during and leading up to an accident.
  • History – In things like premises liability, the history of the property owner might be reviewed in order to determine if past complaints exist. For motor vehicle accidents, driving records can show histories of unsafe behavior.
  • Security Camera Footage – A lawyer may try to access nearby security camera footage if it was pointing at the location of the accident.

These are just a few examples. Each case is different, and your accident attorney will take a look at your case and determine what the right steps are to prove fault. Their skill and experience are vital to making sure that you get the results you need, and as such it’s well worth finding an attorney you can trust to help you determine fault and start working towards the restitution you deserve.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

The Top Steps A Lawyer Uses To Prove Fault In An Injury Trial

Goldman Babboni Fernandez
Murphy & Walsh




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