Who is Responsible for My Injury?

U.S. Personal Injury Liability Lawyers

U.S. Personal Injury Attorneys Hold Responsible Parties Accountable

Every day, people get hurt because another person or an entity did something wrong or neglected to do the right thing. If you have been injured as the result of someone else's actions or negligence, you have every right to expect the responsible party to pay for the losses you have sustained.

In the legal world, "liability" is the term that is used for a party's responsibility for causing personal injury or damage to property. The attorneys listed on the Top U.S. Personal Injury Lawyers directory understand that it can be difficult to establish a person's or entity's liability in a personal injury case, but doing so is the first step toward collecting compensation. Our lawyers will work hard to determine and prove liability in your case so that you can recover the damages to which the law says you are entitled.

Proving Liability

While the wording of personal injury-related statutes may differ slightly from state to state, the law generally presumes that a person is responsible for his or her actions. The law also presumes that a person has the inherent responsibility to behave in a way that does not cause others to suffer injuries. This responsibility is sometimes known as a "duty of care." If a person or an entity fails to live up to that duty, and someone else is hurt as a result, the person or entity is considered liable for the injuries.

With this in mind, proving liability in your personal injury case requires proving four separate elements:

  1. The defendant had a particular duty of care to you.
  2. The defendant breached that duty of care.
  3. You were injured as a result of the breach.
  4. You suffered measurable losses for which you deserve to be reimbursed.

The specific duty of care that must be shown will depend on the type of personal injury case in question. For example, if you were injured in a car accident caused by a driver who ran a red light, you will need to show that the other driver breached his or her duty to follow the rules of the road. If you are seeking compensation for medical malpractice by your doctor, the doctor's duty of care to you is to provide care in accordance with prevailing standards for doctors of the same specialty with similar levels of training and experience. Therefore, you would need to show that the doctor breached that duty by providing substandard or negligent care.

The Concept of Negligence

Negligence is an important concept in most personal injury cases, and it is defined as a failure to act in a manner that is reasonably expected from the average person. Depending on the circumstances, negligence may be a deliberate act or a lack of action. Under the law, negligence is not defensible, which means that any party that is found to be negligent will usually be liable for any injuries that are caused as a result of the negligence. Establishing negligence is typically enough to establish fault and liability.

How Can a Personal Injury Lawyer Help?

It is important to contact an experienced personal injury lawyer as soon as possible after your injuries occur. By doing so, you allow your lawyer to go right to work in determining what caused you to suffer your injuries and which party or parties may be liable. In some cases, liability is fairly easy to determine, such as in the example above of the driver who ran a red light. In other cases, however, such as in cases involving defective consumer products, it can be quite challenging to establish where the breach of the duty of care occurred. The Top U.S. Personal Injury Lawyers have vast experience in proving personal injury liability, and are ready to go to work on your behalf.

Call a Personal Injury Lawyer Today

If you or a loved one has been injured by another party's negligence, get the help you need by contacting a U.S. personal injury lawyer. Many attorneys offer free consultations and work on a contingency fee basis, which means you only pay legal fees if you collect compensation. Call a top personal injury law firm in your area and schedule an appointment today.


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