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How To Determine The Legal Liability In A Personal Injury Case
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As per the current statistics collected by several San Diego law firms, over 3 million individuals are injured in accidents every year. These accidents can occur there at home, in their cars, work or even anywhere outside. However, in most cases, the cause of the accident is another party, wherein which in such a situation, the victim is entitled to a fixed compensation.
However, when it comes to seeking compensation, you will require the right legal channels to do so. Under the personal injury law, you have the right to seek compensation. However, the personal injury law is often complicated, and would require the legal assistance of a personal injury lawyer to make the compensation claim process as simple and uncomplicated as possible.
For one, as a part of this process, you will need first to provide the relevant evidence to support the legal responsibility for the accident. This is known as a liability. It often rests on the individual who was careless or negligent. While it may be easy just to point fingers and hold that individual or party as the responsible one, it is still required by the law to legally determine the faulty party or individual. So how can you determine the legal responsibility?
Determining Legal Liability
In most personal injury cases, the accidents have been caused due to someone else’s fault. In other words, if one individual were less careful than the other thus involving in an accident, the less careful individual would be held responsible. This individual would then be legally responsible for paying at least a portion of the damages suffered by the other party. As mentioned by several San Diego law firms, the legal liability in most personal injury cases is based on this rule of carelessness. It also includes certain propositions such as:
• Whether the victim was at fault or not, for being in a place and at a time, which has a high probability of causing the accident.
• Whether the victim was partly at fault in the accident, thus legally responsible to contribute to a part to the claimed compensation.
• Whether the accident caused on a property that is dangerous due to its poorly built or maintained structure. In this case, the owner or manager of the property is held responsible.
Take for example the case of Cedrick Makara and 40 Worth St. in lower Manhattan. Claims Examiner Cedrick Makara was trying to get out of a bathroom at 40 Worth St. in lower Manhattan, wherein which, the doorknob was missing. In the process of exiting the bathroom, he reached through the hole where the knob was, and pulled the door towards him. At the same time, another individual who was entering pushed the door. This resulted in Makara undergoing an injured tendon in his thumb, which required surgery to correct it. It consequently resulted in missing out of 6 months of work. He filed a case against the building manager and owner of the building, on the grounds of negligence to fix the bathroom door. The jury awarded Makara $2 million for the past and future pain and suffering and $ 200,000 for future medical needs. It also awarded $750,000 to his wife.
Charles Evans is an accomplished attorney, best known for his knowledge in the area of personal injury law. He currently resides in San Diego where, when time permits, he provides indispensable information through his writing, as a personal injury lawyer in one of the top San Diego law firms. Through this article, he writes on how to determine the legal liability in a personal injury case with the hope that it provides you the required assistance when needed.
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