To win a personal injury claim in Pennsylvania, you must prove the at-fault party had a duty of care, breached it, caused harm, and that you suffered damages. For this reason, having the assistance of experienced Exton personal injury lawyers wilklawfirm.com is invaluable.
The reason is that Pennsylvania applies a modified comparative negligence rule—if you’re under 51% at fault, you can recover damages, but they’ll be reduced in proportion to your fault. Additionally, accident victims must file suit within two years of the incident, or they’ll lose their chance for compensation.
Liability is an incredibly important concept in personal injury claims and is something every accident victim should understand. These types of claims usually involve determining who is liable for an injury and to what extent. In this post, we touch on establishing liability and the factors that play a role.
Defining Liability
Liability is the state of being legally responsible for something. Liability in a personal injury case means who is responsible for causing the harm complained of. This determination has ramifications for payment for damages like medical bills, lost income, and pain and suffering.
Types of Liability
Negligence
Most personal injury cases are based on the legal theory of negligence. This happens when someone does not act with reasonable care and causes injury. Negligence is established by proving four elements: duty of care, breach of that duty, causation, and damages.
Strict Liability
Strict liability applies in instances where, whether or not fault can be proven, a party is assigned responsibility. This usually involves unreasonably dangerous products or activities. In the above cases, the party seeking damages does not need to prove negligence; only the injury was present, and the particular product or activity was responsible.
Intentional Torts
In intentional torts, the wrongdoer actually intended to commit a harmful act. This includes, for instance, assault, battery, false imprisonment, etc. If the injured party is injured in such a way, then he has to show that the injury was caused to him by the defendant’s intention.
Determining Duty of Care
Duty of care is a legal obligation not to cause harm. This duty is essential in any type of negligence case. Different relationships apply a duty of care, such as driver to passenger, or doctor to patient. How much responsibility will differ depending on the exact situation itself.
Breach of Duty
Once the duty of care is established, the next step is a breach of it. A breach happens when someone does not act the way a reasonable person would act in similar circumstances. This might include “disregarding safety practices” or just being irresponsible.
Causation and Damages
The causation links the breach of duty to the injury caused. This necessitates proof of causation — specifically, evidence that the defendant’s conduct was the proximate cause of the damage. In this context, damages mean the losses that the victim experienced, like medical bills and lost income. Both are essential elements of a claim.
Comparative and Contributory Negligence
Comparative Negligence
Rule of Joint Liability: In certain states, liability is apportioned under the percentage of fault each party is responsible for. The laws of comparative negligence permit the injured person to recover despite contributing to the injury. Their share of the fault is usually deducted from the compensation.
Contributory Negligence
On the other hand, contributory negligence can prevent recovery when a plaintiff has helped cause his or her injury. This strict approach may avoid compensation if even the smallest fraction of fault can be placed upon the claimant.
Role of Evidence
Liability is largely based on evidence, such as witnesses, pictures, medical records, or expert testimonies. Strong evidence collected and presented properly can make or break a claim.
The Importance of Legal Representation
Legal assistance makes a difference in Personal Injury claims. Their job is to ensure that they compile the best possible evidence, negotiate to get you the best deal with insurance providers, and represent you in court if necessary. Protect the Rights of the Injured Party and Ensure Compensation
Insurance and Settlements
In personal injury claims, insurance companies can play a vital role. They might have settlements for avoiding long court disputes. Settlement offers can be confusing, and understanding when you should accept one versus when to reject it is critical. A skilled attorney can advise you on whether or not a settlement is fair.
Conclusion
Proving liability in personal injury claims: The legal principles and evidence needed to establish fault. A variety of liability, negligence, and strict liability can play a significant role in bringing compensation. Recognizing the specifics of duty, breach, causation, and damages is necessary. With legal representation, the injured will be in a better position to be compensated.
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