Proving Fault in Personal Injury Accidents: General Rules

How to decide who is legally at fault for an accident or personal injury. Determining who is at fault (also known as “liability”) in a personal injury case can be complicated. It is obvious to say that the person or business at fault should pay for any damages, but before that it must be determined who is legally at fault. Oftentimes, this depends on if someone was careless or “negligent”. Determining Legal Liability Most accidents happen as a result of someone being careless. The basic rule of thumb in personal injury lawsuits comes down to this: if one person involved in the accident was less careful than the other than the less careful one must pay some or all of the damages incurred. Legal liability is almost always decided by this rule of carelessness and by one or more of the following situations: If the injured person was somewhere they were not supposed to be the person who caused the accident may not be deemed liable because they were not expected to be careful towards the injured person. If the injured person was also careless the compensation may be lessened since both parties were partially responsible for the accident. This is known as comparative negligence. If a negligent person causes an accident while under the employ of someone else the employer may also be held legally responsible for the accident. If an accident is caused on property deemed to be dangerous because it is poorly built or not properly maintained […]

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