Determining Liability in Personal Injury Cases

 Posted on December 00,0000 in Car Accidents

In any kind of accident, ranging from car accidents to even medical malpractice, one person will be considered at fault or at least more at fault.  For some car accidents, the police will assign fault to one party by issuing a ticket.  Sometimes it’s not that easy to find out who is the negligent party in an accident.

A good first place to start in determining liability is by wondering if one person exercised less care than the other, which may have caused the accident.  There are also three other stipulations that may help determine responsibility in a personal injury case.

The first is whether one person was not where they should be.  It might also be the case that this person should have expected a certain danger given their location.  It can be difficult to clearly define blame if either of these things is true.

Another aspect to consider is if there are grades of carelessness for both parties.  This is called comparative negligence, and can result in the reduction of any compensation for the injured party who was found less negligent in the accident.

Other parties might be at fault given other case by case circumstances.  If the negligent party was on the clock at the time of the accident, then the employer could also be at fault, which can result in a workers comp claim.  The same concept applies if the accident was due to the dangerous condition of a property or was caused by a defective product.

After being injured, it is important to consider these questions before seeking restitution from a negligent party.  A legal professional can also review your case to determine who was at fault.  Contact a knowledgeable personal injury attorney in Orland Park who can assist you in bringing the party responsible for your injury to justice.

image courtesy of freedigitalphotos.net