Determine Liability in a Personal Injury Case - Claim Lawsuit - Settlement

There can be various reasons to why a personal injury takes place. It could be because of an individual’s own fault, a freak accident or a third party’s fault. When it is a third party’s fault, it is possible to recover damages for injuries. In cases of complicated cases, the legal system has a develop system to test and help the courts and lawyers to determine who is liable to pay.

This obligation to pay for injuries is termed as “liability”. One person or multiple persons can be held liable depending on the case. The degree of liability can differ in cases of multiple persons.

The more clear the liability:

  • Less chance of insurance company to oppose settlement
  • It will be easier and quicker to get a substantial amount
  • Less chance you will have to hire an attorney and file a lawsuit

The less clear the liability:

  • Greater chance of an insurance company denying your claim
  • Harder to get a fair compensation
  • Greater chance you will have to hire an attorney and file a lawsuit

1Premises Liability

When property owners are held liable for injuries that occur on their property, it results in a legal theory known as “premises liability”. The types of incidents resulting in this type of liability range from a simple slip-and-fall accident to an injury at a zoo. Premises liability can be extended to private homeowners as well, depending on the circumstances. These liabilities are governed by the laws and procedures of individual state.

2Liability of Social Hosts

Social host liability laws are targeted towards reducing a social issue, such as minors consuming alcohol. Many states have upheld laws that make a party host liable for alcohol-related injuries resulting from providing minors with alcohol. The part host can be held liable for all kinds of injuries or death caused by an intoxicated minor.

In certain states, these social host liability laws extend to adults end up injuring themselves or others after being allowed to drink too much. To find a host liable, most states require that a host had the knowledge that the guest was drunk and should not have been served more alcohol. This genre of social host liability laws are generally targeted towards reducing societal issues caused by consumption of alcohol. These laws provide an imposition of a duty of care to adults in charge of parties where alcohol is offered to not serve it to minors. However it is extended to guests of legal drinking age as well especially in cases of drunk driving.

3Hiring a Personal Injury Lawyer

For more information on the legal recourse you may have, it is advisable to hire a personal injury lawyer and consult your options. It is also in your best interest to seek legal advice to avoid missing the deadline and expiring the statutory limitation period in filing your case.

Originally posted 2017-07-12 01:23:42.


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