How To Prove Fault in an Injury Case?

Aggressive Personal Injury Attorneys in Charleston, SC

Deciphering who exactly is at fault for your personal injury is often the cornerstone of your case. The determination of exactly who was negligent is the first step in getting compensation for your damages and losses. Often, there may be more than one party responsible. Each one needs to be accountable for the part their carelessness played in your injury.

At McLeod Law Group, LLC, our firm is highly-skilled in assisting our clients discern who is liable for their personal injuries and for what percentage. We believe the only way to handle a case is the right way. We focus on making accurate assessments based on the unique facts of your case to possibly identify who is answerable for your personal injury.

The Facts of the Matter

Both attorneys and insurance companies may utilize the facts of a personal injury case when determining who is at fault. A thorough investigation is warranted to discover the details and circumstances of how and why the injury occurred.

An investigation in fault determination can include:

  • Collecting physical evidence
  • Interviewing witnesses
  • Consulting with experts
  • Police reports
  • Medical records

Negligence and Fault in Personal Injury Cases

The vast majority of personal injury claims arise from the negligence or carelessness of one or more individuals. Negligence is anything that falls below excepted standards of care or safety and causes harm to a person or persons. The definitions of "standard of care" and what should be "expected" from a reasonable person often create complex legal battles.

Legal liability is applied to any or all parties who might be proved negligent, including:

  • An employer of the person who caused an accident
  • The owner of property or equipment that was poorly constructed or maintained
  • Manufacturers and sellers of defective products

Charleston Personal Injury Attorney for Shared Fault Injuries

State law mandates the courts follow a "modified comparative negligence rule" when determining liability. Under this direction, if you are found partially at fault for your personal injury, the amount of compensation you are entitled to receive may be reduced or eliminated completely. Defendants in a personal injury lawsuit will often attempt to employ this statute to lessen their financial responsibilities to the plaintiff.

McLeod Law Group, LLC Is Dedicated to Holding Negligent Parties Accountable

Our experienced Charleston personal injury lawyers can provide valuable legal guidance when determining who may be at fault for your injuries and losses. Attorney Mullins McLeod has been in practice for nearly 20 years, he is well-versed in the tactics engaged by defendants who try to divert blame and deny compensation. His ability to see-through and aggressively fight these legal maneuvers has resulted in more than 150 million dollars in damages awarded to his clients.

Hold all negligent parties accountable for your personal injury! Contact our firm today to get started!