When you have been injured in an accident that was caused by the actions (or inaction) of another, then you have the right to be compensated by those responsible for your damages. While this compensation can be an immense help in alleviating the pain and burden that have been inflicted upon you, the process of filing a personal injury claim and receiving compensation can be complicated.
Having a Seattle injury and accident attorney in your corner not only makes the process of filing a claim easier, but they can make a huge difference in your resulting compensation. Particularly, an attorney’s expertise can help you prove the fault of the other party.
The 3 elements of proving fault
Proving fault in an injury accident—like with many legal issues—can be complicated and nuanced. Each situation is different and must be examined according to its own unique circumstances.
On a general level, though, there are three things that must be evident in order to prove fault.
- Legal duty of care. It must be shown that the other party has a legal duty to provide safe conditions, whether by driving carefully and following traffic laws (which apply to drivers) or, perhaps, by ensuring safe road conditions (which may apply to government entities responsible for maintaining roads.)
- Violation of duty of care. There needs to be proof that the liable party has violated their duty of care.
- Violation directly caused the injuries. Finally, it must be demonstrated that the other party’s violation of their duty of care directly contributed to the accident and injuries that the plaintiff is claiming.
Pure comparative fault
It is important to note that Washington is a pure comparative fault state. This just means that a party is only responsible for their amount of fault. So if the defendant is found to be only 80% at fault in an accident, then the compensation awarded to the plaintiff by that defendant will only be 80% of the damages claimed.
Contact us to learn more about proving fault in a Seattle injury accident
If you’ve been injured in an accident caused by the negligent actions of others, the legal team at Gosanko, O’Halloran, Lepore PLLC can help. With extensive experience in personal injury cases, we have a successful track record of enforcing the law against negligent offenders and winning full compensation for our clients. Call us today at 206-275-0700 for a consultation regarding your unique situation.