The Crucial Steps in Building a Strong Liability Case
Thomas Kensok

When faced with a legal dispute, particularly one involving a personal injury or accident, the foundation of your case rests heavily on proving liability. At the Law Offices of Thomas Kensok, we specialize in meticulously gathering and analyzing evidence to establish liability effectively. Here’s how we approach this critical phase:


Understanding Negligence and Its Impact on Your Case

Negligence is a fundamental concept in personal injury law. According to California law, negligence occurs when someone fails to exercise reasonable care to prevent harm, either through action or inaction. In legal terms, proving negligence involves establishing three key elements:


  1. The defendant was negligent.
  2. The plaintiff was harmed.
  3. The defendant’s negligence was a substantial factor in causing the plaintiff’s harm.


These criteria, outlined by the Judicial Council of California Civil Jury Instructions, guide our evidence collection strategy to ensure we meet the legal requirements to support your case.


Detailed Evidence Collection Process

Our process for assembling the necessary evidence is thorough and tailored to meet the stringent demands of the courtroom:


  • Initial Interviews and Information Gathering: We start by discussing the incident with you and any other witnesses who have pertinent information. Understanding your perspective and any immediate observations made at the scene provides a foundational overview of the case.
  • Police Reports and Official Records: We obtain and review all relevant police reports. These documents often contain critical details about the circumstances surrounding the incident, including any initial assessments of fault and citations issued.
  • Photographic and Physical Evidence: Gathering visual evidence is crucial. We collect photos from the scene, review any available surveillance footage, and inspect any physical damages to property or vehicles involved in the incident.
  • Expert Consultations and Reconstructions: When necessary, we employ accident reconstruction specialists and other experts who can provide testimony on what likely occurred and the mechanics of the incident. This expert input is invaluable in painting a clear picture for the jury of how the negligence occurred.
  • Witness Testimonies: We conduct detailed interviews with witnesses, compiling their accounts to support the narrative of negligence. Witness testimonies can often make or break a case depending on their directness, clarity, and relevance to the central questions of negligence.


Navigating the Complexities of Liability with Precision

Our experienced investigators and legal team at Thomas Kensok's office have decades of experience and are adept at identifying and focusing on the most impactful evidence. Our thorough understanding of California’s legal standards for negligence and careful documentation process ensures that every case is prepared with the end goal in mind: a successful resolution for our clients.



By meticulously assembling a comprehensive evidence portfolio, we lay a robust groundwork for proving liability in negotiations or court proceedings. This detailed approach not only enhances the credibility of your case but also maximizes the potential for a favorable outcome.


At the Law Offices of Thomas Kensok, we understand that the success of your case hinges on our ability to prove negligence convincingly. Through strategic evidence gathering and expert legal insights, we ensure that your case is as strong as possible. If you’re dealing with the aftermath of an accident or injury and need to establish liability, trust our skilled team to navigate the complexities and advocate fiercely on your behalf.