Determining liability is one of the most important factors in a personal injury case. In essence, it means proving the other party was at fault and responsible for the injuries and damages sustained. In some cases, it may seem obvious which party is at fault, but often it’s not clear.
How Liability Is Determined
To determine which party (or parties) is liable for the injuries and damages, attorneys, insurance companies, and others involved will conduct a thorough investigation. These investigations may include the collection of facts, evidence, testimony from witnesses, and more to establish who was at fault. An attorney for the injured party must prove the others’ negligence with the evidence and facts available to show their carelessness was below an expected standard of care, resulting in harm to another. Once liability is established, the parties can proceed with attempts to settle or file a lawsuit.
Effects of the Injured Party’s Carelessness
In many personal injury cases, the injured party was also careless and, therefore, partially at fault for the accident. Some states allow plaintiffs to collect a reduced amount in damages based on the percentage for which they were at fault. The state of Alabama, however, has a pure contributory negligence rule, which means if a plaintiff is found partially at fault in any amount, they cannot collect any damages from the defendant. There are some circumstances in which a plaintiff may still recover damages, but those cases require strong legal representation.
If you or someone you love was hurt in a personal injury accident, you need expert legal counsel to determine liability and recover the damages to which you are entitled. Since 2000, injured parties in and around Dothan, AL, have turned to The Gil Law Firm in their time of need. In addition to personal injury cases, their attorneys also handle bankruptcy cases. Visit the firm’s website to learn more about their practice areas, and call (334) 673-0100 to request a free consultation.