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Posted on March 5, 2019 by

How Do I Know Who Is At Fault for The Accident I Was In?

The key to winning any type of personal injury case is properly identifying and proving who was at fault. Depending on the accident and the situation, this can be difficult to do without the help of an attorney. But with the right legal representation, fault can be proven and the victim can be properly compensated. 

Understanding Negligence

Negligence is best defined as any type of behavior that is careless, and contributes to or causes an accident to take place. For example, if you're in a store and they have mopped the floor, but not placed any signs to indicate that, and you fall, that is negligence. 

When you're attempting to prove fault, you have to prove that the other party was negligent by their actions. 

The Five Elements of Proving Negligence

There are five factors that go into proving negligence. They are: 

1. Duty – Did the business have a responsibility to keep you safe?

2. Breach of Duty – Did the business fail to be responsible in the situation, thus causing your accident?

3. Cause in Fact – Would you have fallen if the floor had been dry?

4. Proximate Cause – Is it fair to blame the accident on the actions of the business?

5. Damages – What types of damages were suffered as a result?

Getting Help From St. Louis Personal Injury Attorneys

St. Louis personal injury attorneys can assist you if you are injured in an accident. Contact us.