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How is Liability Proven in a Personal Injury Claim?

Posted On: Wednesday, February 28, 2018

Proving liability can be tough in some legal cases but usually, determination of liability with depend on whether it can be proven that someone acted in a negligent manner or not. It must be further proven that this negligent behavior further led to an accident and injury. It’s easy to accuse someone for being at fault for an accident and they are further responsible for paying damages. However, you must determine who is legally at fault first before proceeding with your demands.

Basically, accidents that happen due to carelessness must determine who was the least careful. The least careful party will usually be found at fault for a portion or all damages caused in the accident.  Legal liability is determined by this carelessness and by more than one of these scenarios:

  1. The injured party was not in a place where they should have been, so the negligent party did not necessarily have to act careful around said party.
  2. Comparative negligence means that both parties were partially responsible. Compensation could also be reduced.
  3. If an employee causes an accident while working within the scope of their employment, the employer could be held liable for damages.
  4. Dangerous property of products could find owners and manufactures liable for any injuries caused.

It is possible for more than one person to be liable in a personal injury claim, say for example, such as those involved in a multiple car accident. Most state law states that any one person in the accident could be found liable for the injury and should compensate you in full. Keep in mind, however, that you own carelessness could affect the outcome of your claim. If it is found that you also acted carelessly and were partly to blame for the accident, you might not get as much compensation as you initially expect.

If you’re filing a personal injury claim, it is recommended that you reach out to an experienced attorney. The personal injury lawyers at Lampert and Walsh, LLC can look over your case and determine how to help strengthen your claim. Schedule a consultation today.