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Proving Personal Injury: How Your Arkansas Attorney Helps Find Fault in Your Case

February 3rd, 2016 Personal Injury
finding fault in a personal injury lawsuit

In a personal injury lawsuit, determining who is liable and to what extent that party is liable are key to ensuring that justice is pursued and handled correctly. When you hire a personal injury attorney in Arkansas, that attorney will delve into discovering the facts of your case and help determine who is legally liable for your injury. Depending on the severity of your injury, the liability of the other party, and the specific factors surrounding your case, your attorney can help you prove fault in a court of law.

Determination of Legal Liability

Whether you have been injured in an auto accident or you are dealing with a neck or back injury from a workplace accident, you need to make a claim about who is at fault in order to file a personal injury lawsuit. Most accidents resulting in personal injury occur because someone was not as careful as they should have been. The person who was least careful (liable party) should pay for the damage done to the person who was most careful. This entity—whether your employer, a driver, or a motorcyclist—is the person at fault and thereby, the defendant you should pursue for compensation in your case.

In a personal injury lawsuit, however, establishing fault is not always cut-and-dry. There are other propositions that have to be considered first:

  1. An otherwise liable party may not be liable if you were somewhere you were not supposed to be.
  2. An otherwise liable party may not be liable if you were also careless.
  3. An employer may be at least partially responsible if you were working for that employer at the time of the accident, carelessly or otherwise.
  4. A property owner can be liable for not maintaining a property, even if that owner did not create the actual situation that caused the injury.
  5. Both the seller and the manufacturer of a defective product may be liable for your injury if their product caused the injury in question.

Fault in a personal injury lawsuit is most often caused by negligence. Therefore, in order to prove the liable party in your case acted negligently, your attorney will argue that they acted in breach of their legal duty, triggered your injury, and caused physical or emotional damages.

More Than One Party May Be At Fault

Your personal injury attorney can assist you in determining who should be pursued in a personal injury lawsuit. The amount the liable party must pay in damages will depend on whether that liable party is the only one at fault. Several careless drivers, as opposed to just one driver, for example, can cause a bad car wreck. If you caused even a proportionally small amount of an accident, you may have to take some of the blame. Especially in the case of an uninsured driver at fault, you will have to fight your insurance company for help with damage and your injury.

In Arkansas, this is called a “modified comparative fault.” If you share in the blame for an accident that caused your injury, a judge can appropriate a percentage of the fault in your lawsuit to you. You will then be responsible for paying that percentage of the damages, as established by the court.

Carelessness Can Play a Factor

When you hire a personal injury attorney in Arkansas, be upfront about any role your carelessness or negligence may have played in your injury. If you were partially liable, that does not mean you will not be entitled to any compensation. Being honest about your involvement can help you receive a fair judgment and realistic compensation from the major party at fault.

If you need a personal injury attorney in Arkansas, contact Nolan Caddell Reynolds today at 866-242-0452.

I recently had to make to difficult choice to file Bankruptcy due to a life-changing heart condition at the peak of my career. It’s not an easy choice to make when you’ve managed a finance company for a living, and yet it became imperative for my survival and wellness. With horrible regret, I visited Caddell Reynolds for my first consultation. I think in a short while I knew I was on the right track. They say first impression is key, and I was placed at ease with the incredibly empathetic front desk coordinator, Yolanda. She knew I was nervous, and helped me feel welcome and informed. My attorney, was engaged in my journey, understood my pain and immediately addressed my worries with a solution. My attorney truly has treated my like an individual case, caring about my needs and why I was having to file. I had a team of excellent staff that provided a professional experience with a wonderful attitude and work ethic that has made a life changing event bearable. Brooke whom assisted my attorney is amazing and personable very attentive. The little time I had to spend in the office was great. I couldn’t recommend the Caddell Reynolds team enough- the team starts at the door with the incredible Yolanda to greet you when you walk in!

Michael A.