Proving Liability in Personal Injury Cases | Kubota & Craig, Irvine, CA

Proving Liability in Personal Injury Cases: How Attorneys Establish Fault

Welcome to Irvine, CA! At Kubota & Craig, we understand that personal injury cases can be complex and overwhelming. One of the key challenges in such cases is establishing liability or fault. As a personal injury attorney, I’m here to provide you with insights into how attorneys like us prove liability in personal injury cases and seek justice for our clients.

Understanding Liability in Personal Injury Cases

Liability refers to legal responsibility for an injury or harm caused to another person due to negligence or intentional wrongdoing. In personal injury cases, proving liability is essential to ensure that the responsible party is held accountable for their actions. Let’s delve into the process of establishing liability:

Gathering Evidence

Establishing liability requires a thorough collection of evidence. This evidence may include accident reports, witness statements, photographs of the scene, medical records, and more. At Kubota & Craig, we leave no stone unturned when it comes to gathering pertinent evidence to support our clients’ claims.

Negligence and Duty of Care

One crucial aspect of proving liability is demonstrating negligence. Negligence occurs when a person’s failure to exercise reasonable care leads to someone else’s injury. We assess whether the responsible party owed a duty of care to the injured party and whether that duty was breached, resulting in the injury.

The Role of Expert Witnesses

In many personal injury cases, expert witnesses play a pivotal role in establishing liability. These experts provide professional opinions based on their knowledge and experience. For instance, in a car accident case, an accident reconstruction expert can analyze the scene and the vehicles involved to help determine fault. Their testimony adds a layer of credibility to the case.

Causation and Damages

Proving liability involves demonstrating that the defendant’s actions directly caused the plaintiff’s injuries. This causal link is crucial for establishing fault. Additionally, we must establish the extent of damages suffered by the plaintiff, including medical expenses, lost wages, pain, and suffering.

The Legal Process

Once we’ve gathered evidence and established liability, the legal process unfolds. This may involve negotiations with insurance companies, settlement discussions, or even litigation if a fair resolution cannot be reached outside of court.

Settlement Negotiations

Our experienced team at Kubota & Craig engages in negotiations with insurance companies to secure a fair settlement for our clients. We understand the tactics used by insurers to minimize payouts, and we are skilled in advocating for the compensation our clients rightfully deserve.

Litigation if Necessary

If a fair settlement cannot be reached, we are prepared to take the case to court. Our comprehensive understanding of personal injury law, combined with our commitment to our clients’ rights, allows us to present a strong case in front of a judge and jury if needed.

Seeking Justice at Kubota & Craig

As personal injury attorneys at Kubota & Craig in Irvine, CA, our mission is to seek justice for those who have been wrongfully injured due to the negligence of others. We understand the importance of proving liability to ensure that our clients receive the compensation they deserve to recover and move forward with their lives.

If you or a loved one have been injured in an accident, don’t hesitate to contact us. Our experienced team is here to guide you through the process, establish liability, and fight for your rights. Let us help you navigate the legal complexities and secure the justice you deserve. Learn more.