Proving Negligence is the Basis for Personal Injury

Strategizing a personal injury lawsuit ultimately involves figuring out which parties to an accident are responsible in what way, shape, or form, and how much said negligence contributed to the harm that followed. A seasoned personal injury attorney may intuit the correct parties to hit with negligence, but it's almost always smart to “cover all your bases” by examining the potential culpability of any or all parties involved.

Negligence can come in different forms. An error of omission -- such as forgetting to place a guardrail on a scenic outcropping -- can lead to all manner of personal injuries and subsequently to lawsuits presided over by personal injury attorney experts. Intentional negligence involves willful carelessness even in the face of evidence or reason that a certain activity or lack thereof might likely lead to injury or death.

Negligence may also be divided up among multiple parties. In an automobile accident, for instance, one driver may be considered negligent for failing to tune his breaks before getting on the road, while another driver might be negligent for failing to wear a seatbelt or maintain a reasonable speed. After your personal injury attorney investigates the facts of the case and goes over insurance documents and police reports, he or she will sue for a percentage of damages based on the degree of the defendant's negligence in the incident.

Thus, many personal injury cases are swamped by suits and countersuits alleging various degrees of negligence, and it's up to the judge and sometimes jury to parse the “the truth” of the injury scene and allocate remuneration accordingly.

In cases in which defendants are indirectly involved, your personal injury attorney does not have to prove direct negligence. For instance, if you are hit by a pizza delivery driver while walking your dog, you can sue both the driver and the owner of the pizza delivery company. After all, if the subcontracted employee was working during his or her commission of the accident, the owner of the company (and perhaps the owner's insurance company) may be monetarily liable for your pain and suffering.