After an accident, personal injury law allows victims to collect compensation if their damages were caused by the negligent or malicious actions of another party. However, establishing liability for your injuries is often complex, especially when the other party tries to shift the blame onto the victim. Here are the answers to some common questions about proving liability for your injuries.

What You Should Know About Liability in Personal Injury Cases

How do I establish fault?

Sometimes, establishing who is at fault for your injuries may be straightforward, but many situations are less clear. To determine liability, your attorney might conduct their own investigation of the accident, including hiring reconstruction experts, reviewing photographic evidence, and interviewing eyewitnesses.

Can I collect compensation if I was partly at fault for the accident?

Most states follow the legal theory of comparative negligence, which allows victims to recover a portion of their damages, even if their own actions contributed to the accident. However, your award may be diminished in proportion to your liability as determined by the jury. For instance, if you’ve experienced $50,000 in damages but are held 10% responsible for your losses, you may only receive 90%—or $45,000—for your injuries.

Who else may be at fault?

In many cases, you can file a personal injury claim against other parties, even if they weren’t present at the time of the injury. Employers can generally be held legally responsible for the negligence of their employees, and manufacturers can typically be sued for damages caused by unsafe products.

What if multiple parties are responsible for my injuries?

Your personal injury claim should include all parties whose negligence contributed to your injuries. In Missouri, the court will decide what percentage of liability each party shares and how much they will have to pay.

Coyne, Cundiff & Hillemann, P.C. in St. Charles County, MO, has collected over $100 million from personal injury cases on behalf of their clients. Their team has over 75 years of combined legal experience and a reputation throughout the area for providing reliable results. Visit their website for more information on their personal injury services, follow their Twitter page for legal news and updates, or call (636) 561-5599 to schedule a consultation.