Who is liable for a personal injury?Updated on Saturday 25th February 2017
Rate this article
based on 0 reviews
based on 0 reviews
In a personal injury case, negligence determines liability. However, the law of California stipulates that comparative negligence must be investigated in order to assign the fault. This means that, if the injured party is also to blame even for a small part of the accident, then the compensations will be reduced according to the percentage of the damage the injured one has caused.
Our Los Angeles personal injury attorneys can help you, if you have been the victim of a personal injury case, like a slip and fall accident or international torts.
Liability for a personal injury case
In most personal injury cases, liability is determined by establishing negligence. However, in some cases, the law is very strict and liability is only attributed to one of the parties involved in the accident. One of these strict liability cases is dog bite injuries. The owner of the animal is responsible for the injuries or damages caused by the animal, even if he or she didn’t know that the animal was aggressive. The same applies to wild animal bites if they have an owner.
In assault or battery cases, considered intentional torts, the person who willingly caused the injury is liable towards the affected party. According to law, in defective products cases, the individual who has the role of approving the product for use and sale could be liable.
In order to be liable in a personal injury case, a duty of care must have existed between the two parties. Proving the duty of care is an important step in determining negligence. In some cases, more than one individual can be at fault.
Proving legal liability may not be necessary if the personal injury case does not go to trial. In some situations, the negotiations with the insurance company will only include a detailed presentation of the accident, supported by evidence, and a negotiation with the insurance agent with whom you can discuss the compensation. One of our LA personal injury attorneys can help represent your best interest during the negotiation phase.
Our Los Angeles personal injury attorneys invite you to watch the following video about proving fault in personal injury cases:
If the defendant makes an argument against your claims (and proves that you are at least partially to blame for the accident), you may lose a certain amount of the compensations you are entitled to as a result of the accident. An important step to take after a personal injury case is to contact a lawyer that can help you gather evidence and make a solid case. Our personal injury attorneys in Los Angeles can help you determine the legal liability and prove your claim.
You should also be aware that the state of California imposes limits on the injury damages that can be received in certain cases and the victim that makes a claim has a limited amount of time to bring the case to court.
For more information about liability in personal injury cases, you can contact our Los Angeles personal injury attorneys.