Who’s Responsible In Personal Injury Cases

Personal Injury Lawyer

To discuss who could potentially be responsible within a personal injury case/claim, we must first understand the basics of a personal injury case as a whole before we can definitively say who was at fault.

The Basics of Personal Injury 

Personal Injury cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. While the responsible party’s insurance company will pay monetary compensation to the injured person for medical bills and all other ongoing expenses, your personal injury attorney will be working with the insurance company and hospital attorneys to get all the details squared away. A personal injury case can become formalized through a personal injury attorney providing legal representation to you at a civil court proceeding. This court proceeding seeks to resolve the dispute in an informal setting before any lawsuit is actually filed, and depending on the type of personal injury at hand, and the damages sustained by the victim, the actual length of the lawsuit can be as short as a few months to as long as a few years. 

The Two Outcomes

Depending on the case, the damages, and the compensation being requested there are two potential outcomes for a case. The first is a “Formal Lawsuit”, in which the plaintiff files a civil complaint against another person, business, corporation, or government agency, or the defendant. The purpose of this lawsuit is to secure damages for their injuries due to the careless nature of the defendant’s actions or overall irresponsibility which was the direct cause of their harm. The second is an “informal settlement”, which commonly takes place in the form of a negotiation which is then followed by a written contract or agreement stating that both sides will no longer pursue any further action. This settlement usually involves a pay out to the victim as compensation for their injuries.

Statute of Limitations

The statute of limitations is the time limit that the plaintiff, or the person who was injured, has to file the lawsuit. These statutes may change depending on the location and type of lawsuit, as well as severity of the harm. It is important to keep in mind that statute of limitations differ and in order to ensure that you can file a case, you should speak to an attorney and be cognizant of the time limits. Within this time frame, you must find the appropriate law firm that provides the services you are looking for, and has experience with your specific kind of case you are approaching them with, in order to sue the defendant for punitive damages. Once the lawsuit is started, you are no longer bound to the timeframe or statutes of limitations, as the case has already begun.  

So, Who is Responsible?

Well, this depends on what the type of case is. The insurance company and any video surveillance footage of the incident will be one of the main factors which will decide fault within a case, however, it is up to your personal injury lawyer to fight for you. Ultimately, depending on if it is a bench or jury trial, it is up to the deciding party to make that decision. However, it is up to you and your attorney to meet the burden of proof within your specific case.

If you’ve been injured due to the negligence of another, a personal injury attorney can advise you on who is responsible in the crime and help you receive compensation for your injuries.

Thanks to Eglet Adams for their insight on who is responsible within a personal injury case/claim.