After being involved in an accident, the first step to submitting a claim for compensation is determining the liable party or parties. The party that is deemed “at fault” for the accident is the party responsible for covering the subsequent damages and losses suffered by any victims. This can be a person, a group of people, a company, a manufacturer, or other entity. Establishing liability in a personal injury case will revolve around a common legal concept known as negligence. If negligence is proven, fault can be assigned.
Continue reading to learn the basics of fault and negligence in personal injury cases.
“Fault” is a personal injury term that means “legal liability”, which refers to the legal responsibility for one’s acts or omissions. If a victim in injured in an accident that was no fault of their own, they can bring about a claim for compensation against the party who was responsible for causing the accident and subsequent damages. If the victim’s claim is successful, the settlement is paid for by the at-fault party or their insurance carrier. Even if a victim injured in an accident was partially at fault, they still can recover damages.
In order for a personal injury claim to be successful, the plaintiff party must prove that the at-fault party is in fact, at fault; and to determine who is at fault for an accident, negligence must be established. Whoever was negligent and caused the accident will be responsible for paying the settlement, whether through a personal injury lawsuit or insurance settlement. See our blog, “Can I Settle a Personal Injury Claim if I Cannot Prove Fault?” for further information about this topic.
If an accident victim chooses to make a personal injury claim against another party, they hold the burden of proving that party’s negligence. There are four primary elements of negligence that must be demonstrated in order to establish liability. These four elements include duty of care, breach of duty, causation, and damages. See our blog, “The 4 Elements of Negligence in a Personal Injury Case” to learn more about each. Additional legal theories of liability include establishing intentional conduct, strict liability, or negligence per se.
Where to Get Trusted Personal Injury Advice
Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for professional assistance with your personal injury claim in Indiana. Our esteemed and seasoned Indianapolis accident attorneys are ready, willing and able to help injured victims recover the full and fair compensation they deserve. We offer free initial consultations and never collect attorney fees unless we obtain a settlement for you. Contact us to get started in your financial recovery, today.