who is liable for a personal injury?
TRANSCRIPT
Who is Liable for a Personal Injury?
A presentation brought to you by our personal injury attorneys in Los Angeles
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Liability in Personal Injury Cases
In most personal injury cases, liability is determined by negligence. The party that engaged in a negligent behaviour or reckless acts and caused the injury or death of another is legally liable for the damages.
The degree of liability or fault can be reduced in some cases when the defendant can prove he is not the only one to blame.
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Fault and Liability
Fault or legal liability is determined by looking back on the actions that caused the injury and the circumstances in which the accident took place.
The parties will each have a chance to state their case and the lawyers will investigate the facts and evidence to determine the party or parties at fault.
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Negligence and Liability
Negligence is an important element for proving fault in any personal injury case. It is determined by referring to a number or elements:
duty of care; breach of the said duty of care; causation: the injuries were caused by the
breach; damages: actual damages are caused by the
defendant.
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Strict Liability Cases in California
In the state of California, some personal injury cases are settled according to a strict liability rule.
This applies to dog bite cases and other injures caused by animals. The owner of the animal is strictly liable even if he was unaware that his pet was aggressive.
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Owner Liability in California
Liability in a personal injury case can also be fairly easily proved in slip and fall injuries that take place on a private property.
If the plaintiff was exercising reasonable care, then the owner of the premises is liable for not having secured the area. This is based on the duty of care element.
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Comparative Negligence in California
Individuals who file a complaint for a personal injury should be aware that the state of California has a comparative negligence rule.
This means that both parties can be accused of negligence and the defendant can use this rule to support his case and prove that he is not the only one to blame for the accident.
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Settlements for Shared Fault Cases
In shared fault cases, the court will decide upon the degree of liability the parties share in the accident.
The compensations for the plaintiff will be reduced by the percentage of fault he is found guilty of. This can apply in vehicle accidents when both drivers were negligent, but also in other cases.
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Determining and Proving Liability
Liability can be proved by bringing forward sufficient evidence to state the case. In some cases, negligence is not the only aspect on which the parties base their case.
Liability can be proved by establishing that the actions were intentional or that a strict liability case applies.
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Legal Aid in Personal Injury Cases
One of our lawyers can help you prove the legal elements of negligence. We can help you state your case and establish liability.
Contact our Los Angeles personal injury attorneys for more information on how to prove fault.
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Thank you for your attention!
For more information please contact us at:
(+44)203-287 0408 (for international clients)[email protected]
http://www.lapersonalinjuryattorney.net/