Any personal injury case is based on liability. While some accidents happen without any negligence, in the vast majority of cases, there is someone to blame. Who is found to be responsible for causing an accident or injury is important. If your injury was caused by another person’s or company’s negligence, it could mean that you are entitled to compensation. So how is fault determined? Here are the basics.
Reasonableness
A big part of personal injury law is reasonableness. Is it reasonable that the parties acted in the way that they did? The reasonableness rule can greatly affect your right to compensation. If it is discovered that a reasonable person would have avoided the situation leading to the injury, it could mean that you could be assigned a percentage of blame, which could affect your compensation. On the other hand, if it was reasonable that the injury could have been avoided by reasonable action on the part of the other party, they could be found to blame, and you would receive full compensation based on your case.
Negligence
One of the key factors in any personal injury case is negligence. Negligence can be outright, such as failing to yield and causing a traffic accident, or it can be subtle, such as neglecting to install a wet floor sign. If you can prove that another party was negligent and that negligence led to your injury, it will go a long way toward winning you the compensation that you deserve. On the other hand, if your own negligence contributed to the injury, it could affect your settlement.
Unsafe Conditions
If you have a slip and fall injury, a work-related injury, or an injury on a construction site, it may have been due to unsafe conditions. If unsafe conditions were present that led to your injury, the responsible party is the person or company whose duty it was to provide a safe environment. For example, if a retail store hires a contractor to handle renovations and the contractor did not provide a safe environment, it could be the fault of the contractor rather than the company. In these situations, determining who is the responsible party in the personal injury case can be tricky.
If you have been injured and you believe someone else is responsible for your injuries, contact us today to get started on your case. We offer a free consultation and can help you determine who is responsible for your injuries.
