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Rules that govern the process of proving fault in accidents that cause personal injuries

Aug 03, 2021

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Filing a claim for compensation in personal injury cases depends on the merit of the case that only a personal injury lawyer working with Jimeno & Gray, P.A. can determine by going through the details of the case. No matter how grievous the injuries might be, to make a strong compensation claim, it is critical to prove that the negligence or fault of the other party resulted in the injury. Therefore, the responsibility for the accident rests on the party that was at fault. Even if it appears plain and simple that the accident resulted because of the other party's negligence, establishing the fact with proper proof might not always be easy.

Determining who was at fault is critical to envisage the outcome of personal injury claims. If the lawyer is confident that the plaintiff has a solid case, would they agree to proceed with the claim. Since most personal injury lawyers work on a contingency basis and charge their fees only after receiving the compensation amount, when they take up a case, it means that they are hopeful of a favorable outcome.

Determining negligence

The rule of carelessness comes into play when determining the legal liability for almost all accident cases. Most accidents happen due to someone's carelessness. The law is clear that if any of the persons involved in the accident were less careful than the other person, then that person must compensate the person who suffered injuries and other damages due to the accident.

How to determine carelessness

  • If you are somewhere where you are not supposed to be or are aware of the consequences of being at that place and knew that the activities could cause some accident, then the person who caused the accident will not be liable for the accident. The circumstances make it clear that in no way can the person who caused the accident had any duty to be careful toward the accident victim.

  • The rule of comparative negligence comes into play when determining negligence. It means that if the injured person were careless too, then the compensation payable would be less by the amount proportionate to the carelessness.

  • If an employee causes an accident due to negligence and injures another person, the employer is also legally responsible for the accident.

  • If a defective product causes an accident, both the seller and manufacturer are liable. However, the injured person does know the extent of the negligence or carelessness of each of the parties that caused the accident.


When multiple people are at fault

Suppose, more than one person is responsible for the accident? Like several cars colliding due to the carelessness of many drivers. In that case, any one of the parties at fault must pay for the compensation in full. The parties held responsible must decide among themselves about who would bear the burden.

It is advantageous to claim compensation in such cases because at least one of the erring parties would have insurance for settling the claim. It eliminates the risk of handling uninsured drivers when claiming compensation.