P&N BLOG | Determining Fault in Personal Injury Cases

When you’ve been injured because of someone else’s negligence, determining who is legally at fault is one of the most important steps in pursuing compensation. Personal injury cases often hinge on establishing liability, and in many situations, that process is more complex than it first appears.

Below, we break down how fault is determined, what happens when multiple parties are involved, and why having a personal injury attorney is crucial for protecting your rights and maximizing recovery.

What is Negligence and How Does It Establish Fault?

In legal terms, negligence is the failure to act with the level of care a reasonable person would in a similar situation. When that failure causes harm to another person, the negligent party may be held legally responsible.

To prove negligence, your attorney must demonstrate four key elements:

• Duty of Care – The other party had a legal responsibility to act with care (e.g., a driver must obey traffic laws).
• Breach of Duty – They violated that duty through careless or reckless behavior.
• Causation – Their actions directly caused your injuries.
• Damages – You suffered losses as a result (medical bills, lost wages, emotional distress, etc.).

How is Fault Determined in a Personal Injury Case?

Establishing fault requires a detailed investigation and legal analysis. Here’s how the process typically unfolds:

• Collecting Evidence
  This includes photos, video footage, police reports, medical records, and eyewitness statements. Your attorney uses this to reconstruct how the incident occurred and who was responsible.
• Identifying All Liable Parties
  In some cases, fault is straightforward; like when a driver runs a red light. But in others, multiple parties may share liability. 
• Bringing in Expert Witnesses
  Experts such as accident reconstructionists or workplace safety specialists may be brought in to provide credible insight into how and why an injury occurred.
  
• Reviewing Applicable State Laws
  Legal standards for determining and sharing fault vary by state. Understanding these standards is critical to evaluating the potential outcome of your case.

What Happens When Multiple Parties Are at Fault?

Not every case involves a single at-fault party. In many situations, both the injured party and others may share responsibility. Here’s how different states handle shared fault:

• Pure Comparative Negligence
  You can still recover damages even if you’re partially at fault. Your compensation is simply reduced by your percentage of fault. 
• Modified Comparative Negligence
  You can recover compensation only if you are less than 50% or 51% at fault (depending on the state). If you’re more than halfway responsible, you won’t be eligible to collect damages.
  
• Contributory Negligence
  This is the strictest rule. In states with contributory negligence laws, being even 1% at fault may bar you from recovering any compensation.

What to Expect During the Fault Determination Process

Each case is different, but here’s a general overview of the fault determination process:

1. Consultation with a Personal Injury Attorney
   A skilled attorney will assess your case, explain your rights, and map out your legal options.
2. Case Investigation
   Your lawyer will collect and analyze all evidence, interview witnesses, and build a strong case for liability.
3. Insurance Negotiation
   Insurers may try to reduce payouts by shifting blame. Your attorney will handle negotiations to ensure your rights are protected and your compensation is fair.
4. Filing a Lawsuit, if Necessary
   If a reasonable settlement can’t be reached, your lawyer may recommend going to court, where a judge or jury will ultimately determine fault and damages.

Why You Need a Personal Injury Lawyer

Determining fault isn’t always cut-and-dried, especially when injuries are serious or when multiple parties are involved. A personal injury attorney brings legal knowledge, investigative resources, and negotiation experience to your side. They help ensure every relevant factor is considered and that you receive the compensation you deserve, even if you share some responsibility for the accident.

Get Help From a Trusted Legal Team

At The Law Offices of Parente & Norem, P.C., we’ve helped countless individuals navigate complex personal injury cases and secure the compensation they need to heal and move forward. If you or someone you love has been injured due to someone else’s negligence, we’re here to help.

Call or text us today at (312) 641-5926 for a free, no-obligation case evaluation. Let us fight for the justice you deserve.