Liability In A Personal Injury Claim

The most central question in personal injury law is that of liability.  Simply put, the party determined liable must bear the cost of any damages that may have resulted from the accident.  To better understand liability in a personal injury claim, we will need to look at liability in the context of law, how it is determined, and how you may protect yourself from any liability claims resulting from an accident.

Liability—What Is It?

Although not always in the ways of life, in the ways of law, each person is assumed responsible for their actions.  It is also assumed that each person has s to act in a manner such as not to cause any form of injury to others, often referred to as not causing damage by owning a duty. If an individual fails in that duty, and as a result, an injury occurs, the individual is then seen as liable by law. With this information, we can now correctly define what liability is:

-         The individual involved has an assumed duty to others

-         The same individual fails to perform the assumed duty

-         Due to the individual's failure to perform the implied duty, another individual either becomes injured or suffers a loss

-         The individual, having failed to complete the assumed duty, will then be liable for the consequences of the failure

Be sure to pay special attention above to the third line—as there has to be either an injury or loss to assigned liability.  If there has been no loss or injury, there will be no assignment of liability for damages. Do not assume that if there is danger, injury or loss is present.  There will be no grounds for a lawsuit due to personal injury.

Liability, Negligence, and Fault

In law, the term liability is used to determine the party that has been deemed as the cause of an injury to another individual.  Even though it is not always the case, liability and fault are often viewed as the same.

In terms of negligence, on the other hand, is the failure to perform an act that is a reasonably assumed duty of another individual.  Negligence is not only considered an accidental omission but can also be viewed as the result of deliberation.

A fault is commonly defined as an event caused either directly or indirectly.

Determining Liability

Although there are several ways to determine liability, most often, it can sufficiently be established via an individual admitting responsibility.  In some cases, before any liability is assigned, both parties may present their case in front of ajury.  When there is any reasonable doubt whatsoever as to which party is liable for damages, you will be better off seeking out the services of a personal injury attorney.  With their help, you will face any form o flegal action with fair representation.

Negligence and Proving Fault

One of the most basic fundamental concepts involved in law is that an event can not be defended when negligence is involved.  To that end, when establishing fault and liability, the only thing needed is that negligence is proved.  Remember that there are several types of recognized negligence, but only two types of fault – all or none. The law assumes that a careful and reasonable person would not be seen as negligent, so when an act is determined to be due to negligence, that is sufficient grounds for establishing fault.

Multiple Persons At Fault

In many injury claims resulting from an accident, it is more uncommon for most to think that it is possible that more than one person is to blame for the event.  Some accidents can be attributed to a series of often uncontrollable incidents leading up to the accident.  For instance, an individual is driving down the road and hits a pothole blowing out their tire.  They then lose control of their vehicle, causing them to hit another car, making them at fault.  In this case, however, the driver deemed at fault could also argue that since the department of highways did not fix the pothole, they are also liable for a portion of any damages.  These claims are often decided by a jury that will be charged with hearing all presented evidence and then rendering a conclusion.

The Bryant Law Firm has helped thousands of injury victims in the Greater Houston Area and all across Texas.  Let David A. Bryant, Jr. help you get the appropriate medical treatment and compensation you deserve.

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