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Negligence and Personal Injury

  • By: Robert Huber
  • Published: May 15, 2017

Negligence and personal injury go hand in hand. Thousands of accidents occur each day throughout the U.S., and it’s important to understand how to determine culpability and the kinds of situations that can lead to these cases. By evaluating the legal requirements for establishing fault in a personal injury case, you can avoid paying a costly legal sum as a business owner or driver due to lack of foresight, and also understand the type of compensation you’re entitled to in the event that you receive an injury from another person’s negligence.

Establishing Culpability

The criteria for establishing fault in a personal injury case varies depending on the type of situation in question. Whether you’ve been hurt in a slip and fall accident, or you were in control of a vehicle during a motor accident, the particular circumstances of the case dictate liability. Proving culpability comes down to a few different factors and we’ll start by examining slip and fall cases. Ultimately, this situation comes down to proving that the business owner had a reasonable amount of time to remove the hazard and was negligent in their duties as a property owner. The other side of this is determining whether or not the plaintiff had any culpability in causing their own injury. If the obstacle could have reasonably been avoided, or there’s substantial evidence you were somewhat responsible for the incident that occurred, there is precedent for assigning partial blame to the injured party. This is known as comparative negligence and can result in the plaintiff losing out on a sizeable portion of their damages. This varies according to state law, but as Nolo.com points out, if you are 51% responsible for an incident in Pennsylvania, you likely will not be able to receive compensation.

Liability in Motor Accidents

Motor accidents are one of the more interesting scenarios to examine. Although a driver is required to operate their vehicle responsibly at all times, and the road is of course a chaotic unpredictable environment, vehicle statuses play an enormous role in determining payment for injuries, regardless of whether or not one or both parties are at least partially responsible due to violations of traffic laws. That being said, there are numerous variables in these cases. For instance, if you were injured by a driver running a red light, but you were speeding at the time, there is compelling evidence for comparative negligence, which will have an effect on the amount of compensation you’re entitled to.

Proving Negligence

This is where hiring a personal injury lawyer comes into play. As you can see, the wide range of factors that come into play during a personal injury case can make these situations difficult to handle. Proving negligence without the resources of an experienced legal professional can greatly impact your chances of receiving proper compensation for your injury. Gathering cohesive testimonies from first-hand witnesses are essential in order to put together a compelling case for negligence. Our law firm is equipped to deal with these logistics and can offer the best chance at obtaining proper compensation for injured parties.

Robert Huber

About the Author Robert A. Huber, Esquire has been in practice assisting injury and
accident victims for over 17 years, founding Huber & Palsir, LLC
in June of 2007. Read More

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