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Liability in a Personal Injury Claim

Liability in a Personal Injury Claim

Who is responsible for your injuries?

Establishing liability may be the most important aspect of a personal injury claim. If you can demonstrate that somebody else is responsible for causing your accident, you are entitled to file a claim for damages. The courts in Pittsburgh fully recognize the right of an accident victim to sue the responsible party, but you will only succeed in recovering financial compensation when you can clearly prove liability. This is why it can be so important to hire a Pittsburgh personal injury lawyer who knows how to get results and can make a strong case in court. Personal injury cases are covered by the legal concept of torts, which holds that anyone in our society has a duty of care to prevent causing accidents. When you have been hurt as a result of another person's failure to take reasonable precaution, or due to that person's recklessness, you can sue for damages. The other party can be held liable to you for all the costs associated with the accident, from your out of pocket expenses for medical care, to your lost wages and your pain and suffering and mental distress. You did not cause the accident, so you should not be forced to pay.

A clear example of how someone could incur liability for an injury would be a drunk driving accident. Driving under the influence of alcohol is widely recognized as a reckless and dangerous action, as well as being a crime, and there should be no question about whether the drunk driver is liable for injuries after causing an accident. In a car accident caused by a driver who was texting on a cell phone, it is similarly possible to fix liability. The task of proving fault is sometimes more difficult, as in the case of a collision occurring in an intersection when a car making a left turn is struck by an oncoming vehicle. If the driver who was turning broke the law, this may help to establish fault, though the other driver could still be held liable for not taking action to avoid the accident such as by braking early or swerving. Definitively answering the question of liability can be challenging, but a skilled Pittsburgh personal injury attorney can often use witness testimony, police reports, accident reconstruction specialists or other experts, and effective legal argumentation to prove the case.

Establishing Liability

Generally speaking, liability refers to an individual's legal responsibility for someone else's injury. In order to collect money for your injuries, you must be able to demonstrate that someone else's carelessness, negligence or reckless behavior is responsible for your accident. There are three elements necessary to establish liability in a personal injury claim. First, you must have suffered an injury, loss or some type of mental or emotional trauma. Secondly, you must be able to demonstrate that the defendant was negligent in his/her duty. In the case of a car accident, a driver could breach his/her duty by ignoring the road to text or answer a phone call. Finally, you must be able to demonstrate that the negligent actions of the defendant caused your injury. For example, if a doctor acted carelessly but his/her actions were not directly responsible for your injury, you may not be able to establish liability in your personal injury case.

Let a Personal Injury Lawyer Help You

Attorney Frank Walker is dedicated to helping accident victims recover fair compensation for injuries caused by negligence. Contact us today for a free case evaluation, so that we can review the circumstances your accident and determine whether you have a case. Not every injury is grounds for legal action, but if yours should have been prevented, we can help you.

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