How is Liability Determined in Personal Injury Cases?

Justice Scales and LawbookIn personal injury cases, liability is essentially legal responsibility for an accident or injury. Determining who is liable in a personal injury case can be a very complicated process, but it typically comes down to whether or not someone was negligent.

Negligence is a common cause of accidents, and determining legal liability usually starts by assessing whether any of the parties involved in the accident did not act in accordance with normal standards of care. If this is determined to be the case, the negligent party will likely be responsible for at least a portion of the damages suffered by the injured party.

Factors That May Affect Liability

Free ConsultationPersonal injury cases are not always this straightforward, however, and there are a number of possible exceptions or complications that may affect how liability is determined:

  • If an injured party is somewhere they are not supposed to be (such as in the case of trespassing), the party that caused the accident may not be liable.
  • Compensation may be reduced if the injured party is also deemed to have been negligent. The amount of the reduction may also correspond to how much of a factor negligence was in the accident. This is called comparative negligence.
  • In cases where one party injures another while working for someone else, the negligent party’s employer may also be liable.
  • In cases where the accident occurs because a given property is in disrepair or otherwise poorly maintained, the owner of the property may be liable for careless maintenance of the property. This is true even if the owner otherwise played no part in creating the dangerous conditions that led to the accident.
  • In cases where accidents are caused by a defective product, both the manufacturer and seller of the product in question may be liable.

There are many other possible factors that could help to determine liability in a given case, so your best option is to consult with an experienced personal injury lawyer regarding your claim.

Contact Rubens and Kress

Rubens and Kress is a Chicago law firm with extensive experience in personal injury cases, and we are eager to work on your behalf. We charge no fees unless you collect, so you can discuss your case with confidence. To learn more and explore your legal options, you can contact Rubens and Kress online, at (312) 201-9640, or toll-free at (866) 890-9640.