Some accidents might seem straight up when you’re looking for someone to blame for your personal injury, but it’s not always as it seems. To gain compensation, you have to first determine who was negligent so you know who is at fault, as a personal injury lawyer in Towson, MD, like from Seigel & Rouhana, LLC, can explain.
How Do You Determine Legal Liability?
To understand who is at fault for your personal injury, legal liability must be determined. Basically, if two people are involved in an accident, the person who was the least careful is typically the liable party. Of course, this isn’t always the case. Some other considerations that help to determine legal liability include:
- Where was the injured person at the time of the accident? If he or she was trespassing or otherwise somewhere that he or she shouldn’t have been, the seemingly liable party may not be liable after all. Because the injured individual wasn’t supposed to be there, the property owner didn’t have a duty to care for the injured person. If the person was in a place where he or she was supposed to be, someone else could be held responsible for the injury.
- Was the injured person also negligent? If so, the compensation could be reduced to a certain percentage based on how much liability he or she holds for the accident.
- Was the negligent person working for someone else at the time of the accident? If the person was completing his or her regular work duties, you may have a case with the individual, but could also have a case against the company the liable party worked for.
- Did the injury occur on poorly maintained property? Even if the property owner didn’t actually make the property dangerous, failure to maintain it could result in liability.
- Was the injured individual hurt by a defective product? Some manufacturers and sellers can both be held liable, but it depends on the case.
What Happens When the Injured Person Shares Fault?
If you acted carelessly, and that behavior played a role in your injury, there’s a chance you’ll receive some compensation, but there’s a chance you won’t. Some states allow the victim to still receive the amount of the settlement minus the percentage of fault he or she holds. Other states won’t allow the victim to receive anything if fault is shared.
Getting a Lawyer’s Assistance
Understanding fault in a personal injury case can get confusing, but you don’t need to be discouraged. Contact a personal injury lawyer to get the assistance you need with your case.