How to Determine Liability in a Personal Injury Case
If you have suffered a personal injury due to someone else's negligence, it is important to know that you may be entitled to compensation. However, determining who is liable for your injury is a crucial step in the legal process. This is where a personal injury lawyer can be of assistance. This guide discusses what liability is and how fault is established in a personal injury case.
What Is Liability?
Liability refers to the legal responsibility for an injury or harm caused by someone else's actions. In a personal injury case, the liable party is the person, company, or entity responsible for causing the injury. Liability can be established through negligence, intentional acts, or strict liability.
How Negligence Proves Fault
Negligence is the most common way to prove fault in a personal injury case. Negligence occurs when someone fails to act with reasonable care, causing harm to another person. To prove negligence, the injured party must show that the defendant had a duty to act with reasonable care and breached that duty. As a result, the breach caused the injury, which resulted in damages.
For example, if a driver runs a red light and hits another car, causing injuries, the injured party can prove negligence by showing that the driver had a duty to obey traffic signals, breached that duty by running the red light, caused the accident, and caused the injuries and resulting damages.
How to Prove Fault
Proving fault in a personal injury case can be challenging, but there are several ways to do so. The injured party must gather evidence to support their claim, including medical records and bills, police reports, witness statements, photos and videos of the accident scene, and expert testimony.
Additionally, the injured party should seek legal representation from a personal injury lawyer. An experienced attorney can help gather evidence, negotiate with insurance companies, and litigate the case in court if necessary. You may be entitled to compensation for medical bills, lost wages, and pain and suffering. However, determining liability in a personal injury case can be complex.
If you are seeking a personal injury lawyer, Ely, Bettini, Ulman, Rosenblatt, & Ozer, Attorneys at Law is a reliable option. Their team is dedicated to helping individuals in Phoenix, AZ, and the surrounding areas obtain the compensation they deserve. They have more than 200 years of combined experience and prioritize their clients' needs. Contact them at (800) 303-2144 to schedule a free consultation or visit their website to learn more.
About the Business
(36 reviews)