Some cases are relatively clear; for example, someone rear-ends you while you’re stopped at a red light. But most cases are not so straightforward. The short answer in most cases is that determining fault requires a very thorough and meticulous investigation by us.
The longer answer is that “fault” depends on the type of claim. For example, in medical malpractice cases, a lawsuit cannot be filed unless another doctor who has similar training and experience has a good faith belief that the doctor-at-issue provided bad care. The same applies to nursing home lawsuits and any other injury suffered because of the negligence of a healthcare provider, which includes a pharmacist. This is a Connecticut statutory requirement that does not apply to other types of claims.
In a car, motorcycle, bus, or any other vehicular crash, often a governmental authority investigates the crash, which could be a police officer, for instance. In a boating accident, it could be the boating division of the Department of Energy & Environmental Protection. In an airplane or train crash, it could be the National Transportation Safety Board. In a product liability lawsuit, often an expert in that type of product is consulted, which can be an engineer or a warnings expert. In general, if the person believed to be negligent cannot be judged by the common and ordinary experience of a layperson, then an expert skilled in the field in which the negligent act falls is consulted to determine fault. Negligence is defined broadly as failing to do that which a reasonably prudent person would do under the same or similar circumstances. In a product liability claim, there is a special kind of fault known as strict liability. Strict liability does not require proof of fault but rather is based upon the dangerous nature of the product. If the product is unreasonably dangerous and that dangerous condition caused the injury, that is sufficient for fault. The challenge is proving that the product is unreasonably dangerous. Sometimes, this is relatively straightforward. For example, if a new TV catches on fire and causes injury. Other times it is more difficult, such as when exposure to a specific chemical is thought to have caused cancer.