Understanding the Role of Liabilitity in a Personal Injury Case

August 2, 2013

Personal Injury

court gavel liabilityLiability is a central issue in any personal injury case. If a party is not found to be liable for injuries that were sustained, there will be no financial recovery from this particular party. Liability also creates financial responsibility in tort cases.

Determining Liability

A personal injury attorney can conduct an investigation to determine which party or parties may be held liable for an accident. Even if there is evidence that one person may have caused another person to sustain an injury, such as a traffic citation, the person may not be liable in a civil case. Depending on the type of case, a person may be held legally liable for their actions.

Understanding Liability – Intentional Conduct

Intentional torts are actions that are committed by someone who plans to cause harm to another person. This person must have complete knowledge of his or her own actions under this type of tort. One example of this type of tort is slander, when one person intentionally says something untrue to injure another person’s reputation.

Understanding Liability – Negligence

The majority of personal injury cases are based on the legal concept of negligence. Negligent acts occur when a person does not intend to injure another person, but nonetheless, a person is injured. A person may act negligently when he or she causes a car accident by driving too fast or not stopping when he or she is not supposed to. A person can usually avoid causing a negligent action by exhibiting proper care.

Understanding Liability – Strict Liability

Strict liability is a legal concept that holds a particular party legally responsible for the injuries that ensue under certain circumstances. These types of cases do not require the plaintiff to show how the defendant was negligent. One example when this legal concept comes into play is when a manufacturer produces a defective product that injures someone.

Let Us Put Our 100+ Years of Combined Personal Injury Law Experience to Work for You!

If you have been injured by another party through intentional or negligent actions, a Sarasota personal injury lawyer may be able to assist you. Call Abrahamson & Uiterwyk at (941)-677-2853 for more information and a free case evaluation.