Liability For Personal Injury Claims

Personal injury claims may come in a wide range of guises, depending on whether the injuries sustained were provoked by car accidents, accidents in public places, accidents at work or accidents at home (due to some defective products), and so can come the liability involved, whether it pertains to the other driver, to some city departments, to your employer or a manufacturer or service provider.

As a rule, though, liability refers to the fault or negligence that was at the origin of your accident and, therefore, your injuries. This being a tort or a civil wrong, obviously, you can take the wrongdoer (whether this is an individual or a legal entity) to court and seek compensation for the injuries you suffered. What distinguishes this tort, however, from other torts is that it’s an unintentional tort. Neither the other driver, nor the shop in whose aisle you slipped over some spillage meant to harm you.

But this being said, unless you had been hundred percent at fault for your injury (you were inebriated when driving or you dropped a jam jar and then slipped over its content), you are entitled to make a claim for your personal injury. And when it comes to personal injury claims, ‘liability’ percentages are not only a figurative way of speaking. As a matter of fact, insurance adjusters determine the fault, let’s say, leading to a car crash, by using percentages. In most cases, both drivers were at fault, but one may have been 70%, while the other only 30%, and, as such, the compensations they may look for and receive should, naturally, respect these proportions.

How can this be determined? Well, by looking at the evidence as regards property damage and medical treatment. If you don’t undergo medical treatment, you will not be considered injured (legally), even if you (actually) were, because you need evidence for lodging and having your claim settled. A judge or insurance adjuster needs palpable proofs, such as medical reports, and, even if being checked at the accident scene, if not taken to the emergency room, it might be problematic for you to make a successful claim afterward. How else could they determine who was at fault or who was more at fault, so that to provide you with the remedies or compensations you claim?

The liability analysis that the insurance adjuster will make (for attributing the fault) has to be supported on the preponderance of evidence. You can’t get the settlement for your personal injury claim you seek, if the said adjuster finds something wrong with your medical history, such as previous injuries that might explain your current condition, for instance.

By: JacquelineBrewster

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