Whether you got injured in a car accident or hurt yourself in a slip and fall, it will be considered a personal injury case. Like other lawsuits, determining who is liable for the injuries and who should pay the compensation for the damage can be challenging. Typically, the least careful person or party involved in the accident is legally held accountable for the accident. The at-fault person has to pay for the damage and injuries caused to the other person. However, there are various other factors at play like contributory negligence, which can turn around the whole lawsuit. Thus, it’s always best to hire personal injury attorney when you are involved in a personal injury lawsuit or consult Virginia Beach auto accident lawyer in case of a car accident.
There are various ways to determine who is legally responsible in a personal injury case. Some of them are listed down below.
Rule of Carelessness:
Negligence and carelessness are often the root cause for accidents and injuries. In accidents involving two or more parties, the more negligent party is held accountable for the accident and pays the compensation amount to the injured person.
The rule of carelessness is applied when determining legal liability for most of the personal injury cases. Here are some case scenarios;
- If the person injured shouldn’t be at the place of accident or somewhere where they know they might get hurt, the person who caused the accident may not be held responsible for the injury. Here, the person has no obligation to be careful towards the person who got injured.
- In case the injured person contributes to the damages due to carelessness, the court may reduce the compensation payout they are supposed to get. Such lawsuits are often called comparative negligence.
- In case an employee gets injured while at work, the employer may be held legally responsible for the injuries.
- If a person gets injured on a poorly built or not well-maintained property, the owner of the house is legally obliged to pay the injured person compensation for damage and injuries. Here, it doesn’t matter if the house owner was not responsible for creating a dangerous condition.
- Many times, people get injured or sustain damage due to defective products or goods. In such cases, the seller of the product and the manufacturer are responsible for the injuries.
Certain cases involve more than one person who is at fault. How does injury lawyer Virginia determine who is responsible for the accident?
In most states, the law provides that in lawsuits where several people are responsible for the injury, any one party is responsible and should pay the compensation amount in full. The at-fault parties can decide whether they should reimburse the compensation money to the other party.
When a person gets into an accident with multiple parties, the rule of collecting compensation amounts from any responsible party has a good advantage. The person can get a full settlement amount from the party that is insured. In case both the at-fault party is protected, the injured person can settle the claim with only one insurance company.