In the majority of personal injury cases, the basis of proving someone liable of causing the accident lies upon the principle of negligence. You cannot just claim that a person or business is legally at fault for causing your accident, and thus, your resulting injuries, without proving and establishing a legal basis for your claim.
How to determine liability in a personal injury case
The biggest portion of all accidents can be traced back to a person who has expressed careless or reckless behavior. Thus, when it comes to establishing liability, the personal injury lawyer in Richmond Hills knows that the general rule of thumb is that, of all the people and parties involved, the one who is found to have expressed the most carelessness for their and others safety, will be the one who is found liable. And as a result, is also the one who will have to pay the most (if not all) damages to the ones who have been injured.
However, it should also be noted that, if the injured was in an area or on a property where they should not have been, or if they entered an area or property where the activity that caused their injury is known to be taking place, than the “careless” person will likely not be held liable. This is because the careless party will not have been in a position in which they owed a duty of care to the one who ultimately got injured.
Furthermore, if the one who was injured is found to be partially at fault for causing the accident that left them injured, they will receive less compensation. More specifically, their compensation will be reduced by the percentage they are found to be liable for causing their own injuries. This concept of deduction from a damage award is referred to as comparative negligence, and represents the idea of multiple parties being at fault for causing an accident. When you discuss your case with your lawyer, they would be happy to share the details with you.
Another factor is the time and location of an accident. For example, if somebody sustains an injury while they are at work, then their employer could be held legally responsible under certain circumstances. Similarly, if a person sustains an injury while they are on another person’s property, the property owner may be held liable if said property is found to be improperly maintained and thus filled with hazards or dangers.Improperly manufactured and or otherwise defective products can also cause accidents which would change which type of claim an accident can result in.