In an injury suit or settlement, the determination of fault is one of the most important issues to be addressed. Finding fault is a threshold issue; once fault is established, the party at fault must compensate the injured party via court order or settlement.
Determining Fault/Liability
The entity determining fault varies depending on the circumstances of the case, but personal injury attorneys investigate cases, find the responsible parties and make determinations of fault. A potential at-fault party usually carries liability coverage, and insurers often conduct their own investigations before arriving at a decision. If parties cannot reach an agreement, the injured party often files a personal injury suit and leaves the decision to a jury in civil court.
Proving Fault Through Negligence
Most injury claims come about because of the negligence of one or more parties. Negligence is conduct that falls below a reasonable standard of care and/or causes another party harm. The legal elements of such a claim are duty, breach of duty, causation and damages.
Legal Defences to Personal Injury Suits
Where negligence is alleged, an Injury Lawyer can use defences that reduce or eliminate a defendant’s liability. Common defences in personal injury claims are as follows:
- Comparative fault- In many injury cases, there are multiple at-fault parties. US law accounts for such instances by allowing a portion of the liability to be attributed to each party, and many states require defendants to pay only the percentage of damages attributable to them.
- Risk assumption- Even if a party’s injuries are caused by someone else, plaintiffs may not be able to recover if defendants can show that the other party knew of the risk of injury before proceeding.
- Employer liability- Employees causing injuries may not be held liable if the harm occurred during the course of the work day, leaving the employer liable for damages.
- Trespassing- Property and land owners are liable for negligent acts that injure others, but they are not liable for injuries to unauthorized occupiers or trespassers.
- Rescuer rules- Private parties who create hazards due to their own negligence cannot be held liable for injuries to rescuers.
Every personal injury case is unique, and there are multiple defences to injury claims. If you have been injured due to another person or entity’s negligence, or if you need to defend against such a claim, to.
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