The General Rules of Proving Fault In Personal Injury Claims
Figuring out who was legally responsible for an accident or someone's injuries, often known as “liability” in legal terms, can be a complicated task and may require the help and expertise of an injury lawyer in Richmond Hill. The concept of liability often rests on the fact of who was careless or “negligent” but it is more complex than it appears. It is quite easy to claim that a person, entity or company caused you harm and injuries and must pay you compensation for the same but before you get to that point, you need to establish legal liability against those said people.
Establishing Legal Liability
In case of most of the accidents, it is the carelessness of a person, party or entity that causes the accident. The basic rule of establishing liability is that if one of the parties involved in the accident was more careless than the other party, the more careless person or party must pay a certain amount of money as compensation to the less careless party for the damages suffered by them in the accident. In any case, establishing liability can be a complex task and may require the help of an expert injury lawyer in Richmond Hill, especially when there are multiple parties involved in an accident.
Establishing legal liability in almost all of the accidents are based on the rule of carelessness and/or by the following simple propositions:
● In case the injured party was at a place where he or she should not have been present or where their presence may have not been expected, the defendant party may not be liable to pay any compensation in such cases.
● In case the injured person is also found to be careless, their compensation may get reduced by the extent of their own carelessness. It such cases, enlisting the help of an injury lawyer in Richmond Hill may prove to be worth the fees of having a lawyer.
● If the accident was caused by a negligent person who happened to be working for someone else, the employer may also be liable to reimburse the plaintiff of his or her loss.
● In case an accident occurs at a place that is dangerous because of poorly built or maintained structure, the owner of the premises can also be held liable in such cases.
● If the accident is caused by a defective product, the seller as well as the manufacturer of the product are both legally responsible, even though the plaintiff may not know who actually created the defect.
In Cases Where More Than One Person is at Fault
When there are more than just one careless person in an accident, for example various careless car drivers create a wreck, the law in most of the states provides the plaintiff the opportunity to choose any one of all the involved parties to reimburse them fully for their injuries. In cases where more than just one person is at fault, it may prove to be very helpful to have the legal advisory of an injury lawyer in Richmond Hill to help you make the right decision. To read more Click Here