Have you been injured in an accident that was not your fault? Determining who is responsible for your injuries is one of the most important aspects of your case as it will affect whether or not you will have enough money to pay for your medical bills. Even if you are completely sure who it was that was the cause of your accident, proving legal liability may involve more. It must be proven that the other person was negligent or careless in order to receive a settlement or verdict in your favor. When there is an accident, liability depends on who was less careful. When one individual was less careful than the other, they could be responsible to pay for at least some of the damages that were caused, whether this was damage to property, bodily harm, or emotional trauma.

There are several sets of circumstances that could affect liability and how much compensation the victim is able to receive. One example is if the victim was somewhere they were not supposed to be or the person who caused the accident was not responsible for knowing that they were there. As they would not owe the victims a duty of care, they may not be able to be held responsible for what happened to them. Another instance would be if the victim himself was careless. If their own carelessness resulted in their injury, the settlement could be greatly decreased. If the accident occurred in an employment situation, the employer and negligent co-worker could be liable. Under premises liability law, if a victim was involved in an accident because the property was not properly maintained, the owner could be responsible. Lastly, in product liability law, if a defective product or dangerous drug caused an injured, the manufacturer, designer, or seller could be liable.

In some cases, such as traffic collisions, there may be more than one person at fault. In these situations, most states allow for at least one of the careless parties to be responsible for the accident. So, for example, if one of the careless drivers was insured and another was not, you may choose to file a claim against the person who was insured. Even if your carelessness was part of the reason why the accident was caused, you may still be able to receive payment for the damages done. This is referred to as comparative negligence, which means that your involvement in the case is compared to everyone else's involvement. This percentage can directly relate to the percentage of compensation you receive. So if you were proven to be 20% to blame in the accident, your settlement may be 20% less than it would have originally been. As each state is different, it is highly recommended that you meet with a legal professional from your home state to discuss your case.

Once liability has been determined, you will need to gain an accurate picture of how much your case is worth. You need to make sure that you are being treated fairly by the insurance company, as some are more interested in gaining a profit than helping others. The first type of damage that will be taken into consideration is medical bills and future medical bills. Often the initial injury is not the only bodily harm done; further complications may develop along the way. Victims may also have to deal with lost income. This added financial loss may prove to be too much for some people and receiving compensation will be able to aid them in getting the help they need. Other damages that insurance companies will take into consideration are: permanent disability, property damage, and emotional trauma. To learn more, contact a personal injury lawyer near you.