Personal injury claims can result from various incidents, including slips and falls, car accidents, and medical malpractice. In such cases, identifying liability is critical to determining who should be held responsible for the damages incurred. Liability refers to legal responsibility for an action or failure to act that results in harm to someone else.
That said, this article provides a simple guide on how to identify liability in personal injury claims.
Establishing Duty of Care
The first step in identifying liability is to establish the duty of care owed by the defendant to the plaintiff. It simply refers to the legal obligation of an individual or entity to act reasonably and prudently to avoid causing harm to others. For instance, a driver has a duty to operate their vehicle safely and follow traffic laws to prevent accidents.
Breach of Duty
The next step is to determine if the defendant breached their duty of care. This occurs when the defendant fails to act reasonably in fulfilling their legal obligation to prevent harm to the plaintiff. For example, if a driver runs a red light and collides with another vehicle, they have breached their duty of care.
Causation
The third step is to establish a causal link between the defendant’s breach of duty and the plaintiff’s injuries. Causation means that the defendant’s actions or failure to act directly caused or contributed to the plaintiff’s injuries. For instance, if a doctor fails to diagnose a patient’s illness and the patient’s condition worsens, the doctor’s negligence may have caused the harm suffered.
Damages
The final step is to determine the damages suffered by the plaintiff as a result of the defendant’s breach of duty. Damages refer to the losses or harm suffered by the plaintiff due to the defendant’s actions. Examples of damages include medical expenses, lost wages, pain and suffering, and property damage.
Comparative Negligence
It is important to note that in some instances, the plaintiff may also be partially responsible for the accident or injury that they are claiming compensation for. This concept is also referred to as “contributory negligence” or “comparative negligence.” In these types of instances, the court will assess the degree of responsibility that each party is responsible for and then adjust the amount of damages that were given to the plaintiff based on that percentage.
Proving Liability
The plaintiff is required to show evidence to back up their allegation in order to successfully demonstrate culpability. This may contain comments from witnesses, reports from law enforcement, medical records, and testimony from experts. In addition, it is critical to maintain accurate records of all costs associated with the injury, such as those incurred for medical care, earnings lost, and property damage.
In situations when it is unclear who is at fault, it may be necessary for the plaintiff to retain legal counsel in order to protect their rights and interests. A skilled personal injury attorney can be of assistance to the plaintiff in the gathering of evidence, in negotiating with insurance companies, and in advocating for their rights in court.
Conclusion
Identifying liability is crucial in personal injury claims to determine who should be held responsible for the damages incurred. The process involves establishing a duty of care, breach of duty, causation, and damages. It is also important to consider comparative negligence and gather evidence to support the claim.
If you have been injured due to someone else’s negligence, it is recommended to seek legal advice from a personal injury attorney to protect your rights and obtain fair compensation.
If you are looking for reliable personal injury lawyers in Maryland, look no further than our experienced practitioners here at Hennessy Law, LLC. With 50 years’ experience we provide professional and compassionate assistance in our zealous representation of our clients. We practice personal injury and criminal defense law in State and Federal Courts in Maryland, District of Columbia, and Virginia. Call us today and let us discuss your current personal injury case.
