What Determines Fault in a Personal Injury Case?
In any personal injury case, one of the key factors in deciding compensation is fault. Fault, also called legal liability, determines who is responsible for damages.
By knowing how fault is determined, you can be better prepared in case you ever suffer a personal injury.
What Determines Fault?
The party who is at fault caused the accident by acting negligently. However, you and the other party may share fault. For instance, the insurance company involved may determine that you are both equally at fault.
In this case, you would each be responsible for 50% of the damages. If the insurance company determines you are 75% at fault, you would be responsible for 75% of the damages.
If there is disagreement among both parties as to who is at fault, you may file a personal injury case. A personal injury case may determine who was negligent and thus caused the accident.
What Are Examples of Negligence?
There is a nearly endless variety of ways a party can be considered negligent after you suffer a personal injury. Some of these are:
- An auto accident results because the other person was looking at their phone instead of looking at the road.
- You slip and injure your leg because of a wet floor in a grocery store. The store has failed to place any signs or cones warning of the wet floor.
- While walking into work, you suffer a head injury by being struck by falling ice that has slipped off the roof. Your employer had been warned of the risk of falling ice beforehand and did nothing.
In all of these examples, the other party is at fault for a personal injury and you may have a personal injury case.
What Can You Do After Suffering an Injury?
Generally, if you’ve been injured, you’ll want to call 911 right away so you can receive immediate medical treatment.
Even if you don’t think you’ve been seriously injured after an accident, it is wise to seek medical treatment, as adrenaline or shock can disguise pain and you may not realize how serious the injury is. This will also produce a medical report, which is vital if you decide to file a personal injury case.
Afterward, call your insurance company to report the incident. They will begin the process of determining who is at fault for the injury. In any personal injury case, fault determines legal liability, and this determines who will pay damages.