Slate’s Law Blog

Personal Injury Lawsuit: How do I Prove Fault?

Personal Injury Lawsuit

When you are injured in an accident—such as a car crash or a slip and fall accident—caused by another party’s negligence, you should be thinking about filing a personal injury lawsuit in New Mexico. Yet you might have concerns about the type of evidence you will need in order to win your case. More specifically, you may be wondering how you will prove that your personal injuries were caused by the defendant such that you are eligible to receive financial compensation. The following are some of the key ways to gather the evidence you will need to prove that the defendant is responsible for your injuries.

Personal Injury Lawsuit: Taking Photographs at the Scene of the Crash

You should take as many photos as possible at the scene where the accident happened if you are physically able to do so. Pictures can help to show how the accident occurred, and especially in premises liability cases, photos can reveal the dangerous condition that led to the accident. When it comes to motor vehicle crashes, your lawyer can work with an accident reconstruction expert, using your photos, to demonstrate how the other driver was at fault.

Seeking Witnesses to the Accident

Witnesses can often provide essential evidence as far as proving that the defendant is responsible for full damages in a personal injury lawsuit. Be sure to obtain contact information for anyone who witnessed the accident in which you got hurt, and hire a lawyer quickly so that witnesses can be interviewed while the accident details are still fresh in their minds.

Having a Healthcare Provider Assess You as Soon as Possible

You must have a doctor or another healthcare provider assess your injuries and create a medical record. Accordingly, you should see a doctor as soon as possible after the accident so that the doctor can determine the cause of your injuries and their severity. By seeking medical attention immediately, you can also help to avoid comparative fault issues.

Showing That You do Not Share Responsible for the Accident

In many personal injury lawsuits, the defendant will try to avoid complete liability—and thus will try to avoid being responsible for paying the full amount of damages—by raising the issue of comparative fault. In other words, the defendant may try to argue that you are also partially at fault for the accident or for your personal injuries, and as such, you bear some responsibility as well.

The good news is that, under New Mexico law, a plaintiff can still recover damages even if that plaintiff ultimately does bear some liability for the accident since New Mexico follows a “pure comparative fault” rule. In situations in which comparative fault is an issue, the plaintiff’s damages award is simply reduced by that plaintiff’s portion of fault. However, by gathering much of the evidence listed above, you can work with your attorney to show that you are not in any way responsible and that the defendant should be liable for the full amount of damages.

Contact a Santa Fe Personal Injury Attorney If you are planning to file a personal injury lawsuit in New Mexico, you should begin working with a Santa Fe personal injury attorney as soon as possible to ensure that you have all of the evidence you need to build a strong case against the at-fault party. Contact Slate Stern Law today for assistance with your case.