When determining fault in an accident, liability is usually determined by the level of negligence of the people involved. The most common cases that result in a personal injury lawsuit are medical malpractice, car accidents, product liability and slip and fall accidents. In each of the cases, the individual situations are unique, and as result, the determination of liability can also be unique.
Proving fault through investigation
For each personal injury lawsuit, a comprehensive investigation of all the parties involved is done. Some of the following steps will be completed by either your insurance company, the police or lawyers. This involves the following:
- Collecting evidence – collecting medical information, statements by the people involved in the accident and any witnesses, police reports, and any other relevant reports or documents.
- Interviewing the involved parties
- Hiring and consulting with the related experts
Proving fault within the law
Fault is categorized into different intentions, depending on the uniqueness of the situation. After they are determined, Page Law will then move toward holding the right party liable. Below are some of the methods that are used in determining liability:
- Showing liability of standard of proof – this shows that the plaintiff suffered an injury that was foreseeable while he/she was involved in a situation where these kinds of outcomes are common. Examples normally involve usual dangerous activities.
- Establishing intentional conduct – when the conduct of somebody shows certainty of consequences or a desired purpose. A good example of this is when somebody punches another individual without reason.
- Proving negligence – this shows that the party had an obligation that they didn`t follow through. A good example is if a business owner doesn`t put caution signs over floor that is wet.
Outcomes of fault
Negligence is the method that is commonly used in determining who is at fault in a personal injury lawsuit. In trying to prove this, the plaintiff is usually seeking compensation from the defendant or defendants for the accident, and the mental, physical and emotional, strains it caused in their life. Below are some of the legal defenses which will be taken in the personal injury lawsuit.
- Assumption of risk – This is determined if the person involved in the accident had previous knowledge that there was a risk of being injured. Nowadays, most businesses ensure that such a waiver is signed before people participate in any activities that have possible risks, so that they can absolve themselves of any fault. A good example is in joining a high school sports team.
- Comparative fault – You determine the amount of fault which belongs to each party that was involved in the accident since they were all found to be negligent. After the investigation, all parties will be given a weight depending on how much at fault each of them was found. An example is in a vehicle accident, one individual might be 75 person responsible, while the other person was found to only be 25 percent responsible.
- Trespasser’s defense – The owner of a property is responsible for any injuries incurred on his or her property if they’re negligent in making sure that it`s a safe environment. Nevertheless, if the person injured is an unknown trespasser, the legal liability is shifted. Property owners can minimize their level of fault if they`ve warning signs for trespassers surrounding the property.
Each situation is uniquely different, and even small factors may shift the fault between the parties involved in the accident. In a personal injury lawsuit, legal liability is ascertained after a comprehensive investigation to find out who or what caused the accident. The level of burden and injury resulting from the accident also plays an important role in how legal liability is ascertained and the level of compensation the personal injury lawsuit is seeking.