If you’re facing a personal injury lawsuit, the aftermath of any damage can be emotional. However, figuring out who is at fault in a personal injury case doesn’t have to be difficult. From companies to individuals, accidents happen every day. If you want the opinion from an expert, get it from the Tingey attorneys in Las Vegas.
Sometimes these accidents are caused by negligence, but it is simply a matter of chance in many cases. According to the experienced car accident attorneys, when a case goes to court, the defendant and plaintiff need to be able to determine who is at fault for an accident that has occurred.
This determination can help both sides better understand what happened and how the jury will view it. In most cases, plaintiffs and defendants often want to know two key things: what caused the collision and who is at fault.
Proving Fault Using Negligence
Proving negligence is one of the easiest ways to determine fault in a personal injury case. A plaintiff must show that the defendant owed them a duty of care, which means the defendant owed the plaintiff specific precautions against possible harm.
If you were injured in an accident caused by another driver, it is easy to learn if they were negligent. Each state has its laws regarding accidents and negligence.
These rules are commonly listed in what is known as the Comparative Negligence Statute. This law describes the circumstances in which a plaintiff can be held responsible for injuries or when a plaintiff can receive a judgment against a defendant. You may hire a personal injury lawyer if there are any disputes on which party is at-fault.
Strict Liability
In some cases, a defendant can be held responsible for an accident even if they were not negligent. In most states, there is a law known as strict liability. This law holds that when a product is defective, the manufacturer of that product is at fault regardless of how well they design their products or how careful they are when manufacturing them.
For a product to be considered defective, it needs to be proven dangerous to users. Just because a product does not work correctly, it cannot be considered defective unless it poses a danger. When a defendant knows they are producing faulty products, they can be held liable for those accidents regardless of their negligence.
Willful or Wanton Misconduct
The plaintiff must prove that the defendant acted with willful misconduct or wantonness in some states. These laws hold that if a defendant disregards their responsibility for providing a product or service, they can be held responsible for any injuries caused to consumers due to that negligence.
Legal Defense in Personal Injury Claims
It is important to remember that the other party in a personal injury case may not be responsible for your injuries, no matter how badly you were hurt.
If you have been involved in an accident and were injured, it is essential to know your rights and what legal defenses you might have. Speak with a Lincolnton personal injury lawyer at Farmer Morris now to learn more.
Comparative Fault
If you were partially responsible for your injuries, your compensation will be reduced accordingly. This is known as comparative fault. If comparative fault applies in your state, contact a lawyer as soon as possible.
Assumption of Risk
If you were partially responsible for your injuries but assumed the risk of the accident, then you will not be able to collect damages from another party. Assumption of risk is a defense that essentially says that if you knew there was a chance of an injury occurring and still did not do anything to avoid it, you cannot collect damages from the other party who caused your injuries.
Final Thoughts
To determine who is at fault in a personal injury case, it is essential to consider your and the other party’s actions. If the other party is not deemed negligent, you might not be able to collect damages. This can be frustrating, but there are legal defenses that you can use if you have been injured due to another’s negligence like getting help from a qualified personal injury attorney. Consult a personal injury attorney to guide you through the process.
How does one combine a passion for journalism with a strong sense of justice? For Crystal,
the choice was simple: legal journalism. Born and raised in a family of attorneys but wanting
to approach the law from an investigative angle, Crystal decided that people would not hear
her voice in the court, but online, in magazines, journals, and other platforms. When she is
not studying active lawsuits closely to report on them, she writes public-friendly articles