What If No One Is at Fault for My Personal Injury?
Personal injuries are horrifying accidents that can cause you severe and life-changing damages. When seeking a settlement for these damages, it is important that it can be proven that someone was at fault for your injuries. However, it is complicated when you are unsure who is at fault or believe no one is. Nevertheless, you can work with a dedicated personal injury lawyer to help you uncover who is at fault for your injuries.
What to Do If No One is At-Fault For Your Personal InjuryAccording to the personal injury lawyers Wattel&York, you have to reveal who was neglectful and how. This requires establishing the duty, breach, cause, and harm that happened.
When No One is At-FaultThe only way no one is at fault for your injuries would be if you are the sole reason you got injured. In this case, you put yourself in harm’s way or made a grave mistake that resulted in accidental self-harm. However, regardless of how the injury happened, typically someone is always at fault. For example, even if you tripped on a public sidewalk and injured yourself, the city is at fault if the sidewalk is not level or filled with cracks. That is because the city owes you a duty and obligation to keep you safe.
How to Prove Someone is At-FaultTo discover whether someone is at fault, your lawyer must show the relationship between your personal injuries and their duty to you. This falls under the tenets of duty, breach, cause, and harm.
DutyWhen someone owes you a duty, they must provide an environment, a service, or a simple courtesy that prevents you from being in danger. For example, when you are driving, other drivers have to follow the rules of the road. When someone is negligent, they fall beneath the standard of providing a civil or professional duty to you.
BreachOnce someone owes you a duty, then that duty is breached when the other party doesn’t fulfill that. For example, when a doctor fails to provide quality service and performs surgery on the wrong side of your body, this is a breach of duty. The breach of duty is what ultimately leads up to damages due to negligence.
CauseThe breach of duty has to be directly linked to your damages. You should be able to provide evidence that connects how the neglectful behavior of the other party directly impacted you. If there is no way to tie the two together, they may not be at fault.
HarmIf you suffered no harm due to the negligent actions of another, then there is no personal injury. You have to have sustained damages of some kind for you to claim that you were harmed due to a breach of duty.
What if I Believe I’m At-Fault?When you think you are genuinely at fault, then you cannot seek damages from another party. Instead, your insurance policy will have to cover the damages. However, you can get legal professionals to go over your experience to be sure this is indeed the case.
Get Professional HelpIf you are unsure who is at fault, you can receive the input of an experienced law firm. Find out if you are due a settlement for your damages.
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