When you have been hurt, it is important to determine who is liable for your injuries. While your injury could be an accident, or an expected risk of surgery, you may have been hurt because of the negligence of another party. If someone else is responsible for your injuries, you may be entitled to financial compensation.
Legal Liability Starts With an Act of Carelessness
Reasonable care is a standard for which your accident and injury will be assessed. This refers to the legal term, "Duty of Care", which outlines liability as acting carelessly towards another person when there is a duty in the situation to act with care. What this means in determining legal liability, is that if the other party hurt you because they did not follow basic safety standards, they are likely liable for your injuries.
For example, say you sustain injuries from a car accident. You learn that the other party was texting while behind the wheel. The other party is liable for your injuries because they were acting careless. Their duty as a licensed driver was to act responsibly towards others, and their behavior was negligent. On the other hand, if you were also careless, you may be partially liable for your injuries. Liability will be determined once all aspects of the accident have been fleshed out.
Accidents at Work Place Some Liability on the Employer
If you've been hurt because of an accident at work, you may have a viable claim against your employer. If your injury is due to the carelessness of another employee, the case will have to be investigated further. If the employee was only following company policy, or the employee didn't have the right training for the job they were doing, the employer will have some liability.
More than One Party Can be Liable for Your Injuries
Whether you were in a car accident that involved multiple cars, or you were injured by a product that was made poorly, more than one person is liable for your injuries. In the case of a poorly made product, both the manufacturer and the seller of the product can be sued because of the defective product. As long as you were using the product as it was intended, someone other than yourself is liable for your injuries.
In a personal injury case, it is best to meet with a qualified attorney who can look through your case and determine if you should file a lawsuit. While you may have injuries, it is possible that they simply aren't significant enough to warrant a personal injury lawsuit. Only an experienced personal injury lawyer will be able to assess your situation and encourage you to move forward if you have a case.Share
11 December 2014
Although many people don't think of having legal counsel as improving their life, I have found that it has really helped me to feel empowered as a business owner. Without my lawyer, it was really difficult to figure out what I could say and what I couldn't say, and it really made things hard when I was out and about trying to make business deals. Fortunately, after I found the right lawyer, things became a lot more straightforward. This blog is all about improving your life and streamlining your business with the help of a great lawyer. After all, you never know when you will find yourself in court.