With any personal injury claim, it’s essential to prove your case. Of course, the big question is how to go about doing just that. How you show that negligence occurred is a vital part of any claim for compensation. Our Denver personal injury attorneys explain how to prove negligence in a personal injury case.
What Is the Reasonable Standard Used To Determine Negligence?
The reasonable standard used to determine negligence is the ordinary person standard. The law doesn’t look at a situation in hindsight. The standard is not what a person could have done better. Instead, the standard is at least the baseline level of care and skill that someone owes to someone else in a situation.
What if Multiple Parties Are Negligent When an Accident Occurs?
It’s common for an accident to be the result of multiple factors. Sometimes, two or more parties did things that fell below the standard of reasonable care. Most states use a comparative negligence standard to evaluate the actions of all parties. That is, it may be possible for a party to recover some compensation even if they are partly to blame for an accident that causes their own injuries.
There are significant variations among states with how compensation works when multiple parties may be at fault. As a litigant, it’s essential to be aware of comparative negligence and be prepared to explain your own actions and argue for your position under the law in effect in your jurisdiction.
How Can I Build Evidence of Negligence?
The purpose of litigation is for people who have been victimized to get the compensation that they deserve. For that reason, there are court rules to help individuals gather evidence. In addition, parties to litigation are required to exchange information in a process called discovery.
Reluctant witnesses can be issued subpoenas to compel testimony and the production of documentation. The other party may be issued interrogatories to answer questions under oath. In addition, you may conduct your own investigation outside of the discovery process. A personal injury attorney can help you effectively build the evidence and prepare and present it at trial.