Figuring out who is responsible for a personal injury incident (liability) can often be a tough situation. Even though the negligent party is typically responsible and it’s simple to convey what happened, the difficult part comes into play when you must prove where the fault lies, and in most states, the burden of showing proof is on the victim.
Injuries and accidents usually happen because someone was careless. Whether through negligent driver, not displaying caution signs in a store, medical mistakes, and more, injuries almost always happen because of carelessness. In order to determine fault in a personal injury case, several different factors are weighed out, including, but not limited to, the following:
- If the injured person is injured in an areas that’s off limits or an area in which he is she is not allowed, damages will usually not be awarded.
- In certain states, if the injured person also showed negligence, the amount of compensation may be reduced.
- If someone caused the injury of another while working, the employer of the negligent party may be responsible.
- Property owners and/or property management is responsible for damages if someone is injured because of poorly maintained grounds, lights, and fixtures.
- The manufacturer and the seller of a defective product are both liable should someone become injured when using the product.
In addition to determining the fault of others, you also have to look into the fact that you may have been careless as well. For example, if you were injured in a car accident when someone smashed into your car, you may be partly responsible if you were talking on your cell phone and not paying attention. In these instances, you’ll still be compensated for responsible party’s part in the accident, but your damages may be lowered to recover your part of the responsibility. Keep in mind however, the rules of negligence and liability vary from state to state.
If you’ve been in a personal injury accident, it’s crucial to get in touch with an experienced personal injury lawyer. A personal injury lawyer will provide important information regarding state laws, and will help determine and prove who is at fault. Our attorneys at The Ledger Law Firm have helped a plethora of clients not only determine and prove fault, but go on to win maximum financial compensation. If you need help, give us a call today and let us fight for you as well.
