In personal injury or tort, liability is the financial and legal obligation owed by an individual or a company to the other party for his or her personal injuries or wrongful death. The victim or the family of the victim is responsible for proving the liability of the person responsible for the injuries. In determining liability in a personal injury case, how an accident occurs and who was at fault are taken into consideration. There are cases when numerous parties can be held liable for an accident.
The most common type of liability in a personal injury claim is negligence. Negligence is defines by law as the failure of an individual or entity to take reasonable care in order to prevent harm or injury to others. In the case of a car accident, a person who drives negligently and caused an accident can be held liable for the injuries sustained by the victims. In proving negligence, the injured party is required by law to establish that the defendant 1) had a duty to act with reasonable care and that the defendant 2) breached that duty that resulted in the injuries of the plaintiff.
There are cases when proving the negligence of the defendant is easy, such as the obvious negligent act of a surgeon who amputates the wrong limb. However, there are acts of negligence that are difficult and complicated to prove which may cause the case to go on for many months, or even years. Defendants who are potentially liable for millions of dollars worth of damages will likely invest thousands of dollars to defend themselves against a personal injury claim.
In a personal injury case, the injured party or the plaintiff has the responsibility to establish the liability of the defendant. It’s also important that the plaintiff can establishment the extent of liability and the extent of damages. An experienced personal injury lawyer is able to help you protect your legal rights and receive the maximum compensation you deserve for your injuries.
If you or your loved one has been injured on the job, it’s important to seek the legal representation of an experienced personal injury attorney.