David Koppelman on Determining Liability in Personal Injury Law

Determining Liability in Personal Injury Law Every personal injury case is aimed at determining which party is at fault. When the verdict is made, the party at fault pays some damage fee to the victim. A personal injury case often involves investigation, whether it is presented in court or not. Discoveries are made, discussed, and are finalized into a decision.

However, proving that someone who harmed you is legally responsible for your injuries can be difficult. Also, seeking compensation for personal injury can be complicated. Therefore, a victim needs to understand what they are indulging into before pressing charges. Below are some of the ways a complainant can prove liability in personal injury.

Negligence Negligence is the most popular liability pursued in personal injury cases. The tort refers to a situation where the accused could have prevented the accident but failed to do so.

A good example could be if a driver knocked down a motorist and the motorist files a personal injury complaint. Lack of proper maintenance of the vehicle’s brakes could be termed as negligence. The driver could have prevented it by servicing their vehicle but failed to do so.

Intentional Intentional tort refers to when the offender causes harm to the victim voluntarily. When proved, this claim can lead to the defendant being also charged with criminal charges. Some of the common intentional torts are; assault, Invasion of privacy, Fraud, Homicide, Trespass, and the like.

Strict Liability Strict liability is a tort that exists regardless of being negligence or intentional. The plaintiff does not have to prove the negligence of the defendant to be compensated. The most common strict liability claims involve products.

For instance, if a company produced a product that is proved to cause harm to consumers, the company must take full responsibility. In such a case, the company has to compensate the victims for the damages caused.

Proving liability in personal injury can be complicated. Insurance companies have even grown up around it. In most situations, no single party is entirely at fault. Therefore, it is essential to consult with an attorney for their opinion before continuing with the claims. Also, people ought to learn more about the types of liabilities and how they are valid.