When you receive a personal injury in an accident and incur financial damages, the individual or party at fault can be held liable. If you choose to file a claim or pursue legal action with the help of an attorney, it may be helpful to brush up on some basic facts about establishing liability. This short guide will help you get started. 

4 Common Questions About Personal Injury Liability

How can I prove someone is at fault for my injury?

If you file an insurance claim or pursue compensation through the courts, a claims analyst, your attorney, or both will perform an investigation to determine fault. You can support your account of events by obtaining the contact information for eyewitnesses and taking photographs at the scene where the accident occurred. Other evidence can include official police reports and any citations issued to the other party.  

What if more than one party is at fault?

When more than one party is at fault, you may receive compensation from any or all of them under the principle of joint and several liability. However, you cannot recover more than 100% of the expenses that you sustain as a result of your injury.

Who else could be at fault?

In certain circumstances, manufacturers of equipment, vehicles, and devices can be held liable for producing a defective product. Others who could be at fault include the employer of an employee who causes an accident. An attorney can help you identify who should be held responsible in your unique case. 

Can I get compensation if I’m partially at fault?

Generally speaking, you can get compensation when someone else causes an injury, even if you’re partly to blame. Hawaii law utilizes a comparative negligence system, which means that a person can still recover damages as long as they are deemed less than 51% at fault for the accident. Additionally, the financial settlement may be reduced in accordance with the percentage of the injury for which you are held responsible.

If you need an attorney’s help with a personal injury case, contact Charles H. Brower Law Corporation in Honolulu, HI. The legal office has been serving Oahu residents for over 40 years, and they’ve become one of Honolulu’s most respected personal injury attorneys. They also specialize in wrongful termination, sexual harassment, and family law, and their professional staff members are dedicated to providing high-quality, individualized help for every client. Call (808) 526-2688 to schedule a consultation, or visit them online to learn more about their services.