When Is Someone Liable for Someone Else's Injury?

After an injury accident, someone will have to pay for your medical expenses and other losses. When are you responsible for your losses, and when is someone else responsible? Legal responsibility after an injury accident can depend on who caused the injury, state laws, and if the other person has insurance.

Most personal injury accidents are caused by negligence. If you can prove the other person was negligent in causing the accident, they will be liable for your injuries. Talk to a personal injury lawyer for legal advice about your personal injury lawsuit.

What Is Liability for Personal Injuries?

Liability is a legal responsibility to compensate someone for their losses. In a personal injury lawsuit, the liable party may have to pay you for your damages, including:

• Medical bills
• Lost wages
• Pain and suffering
• Emotional distress
• Property damage

Do You Have to File a Lawsuit to Get Compensation?

You don’t have to file a lawsuit to get compensation. However, the defendant will rarely just give you money after an injury accident. The first step may be for your lawyer to send a demand letter for compensation. If the defendant agrees to pay, you won’t need to file a lawsuit. However, most cases don’t settle this easily.

To recover compensation for most injuries, you have to file a personal injury lawsuit. A civil lawsuit is a way to find the defendants legally liable for your damages. The court can enforce your jury award to require the defendant to give you compensation.

Even after you file a lawsuit, most personal injury cases settle before they go to trial. A settlement is an agreement between you and the defendant to drop the civil lawsuit in exchange for a settlement payment. Settlements can be better for everyone because they are faster, less expensive, and more predictable.

How Do You Prove Someone Is Liable for Your Injuries?

After filing a lawsuit, you have the burden of proving that the defendant is liable for your injuries. You have to prove your case by a preponderance of the evidence. In a motor vehicle accident case, you have to prove that it is more likely than not that the defendant caused the accident and is liable for your damages.

Proving liability depends on the type of injury claim. Most personal injury cases fall under one of the following:

• Intentional torts
• Negligence
• Strict liability

Intentional torts are for intentionally caused injuries or harm. This includes assault, battery, and defamation. To prove liability for an intentional tort, you must show that the defendant acted willfully to engage in harmful conduct.

Negligence is the most common type of personal injury case. This includes car accidents, medical malpractice, and premises liability claims. To prove negligence, you have to show that the defendant owed you a duty of care, breached the duty of reasonable care, and caused your injuries and harm.

Strict liability holds someone liable even if they weren’t negligent. These types of lawsuits include product liability claims. If a defective product injured you, you don’t have to prove that the store that sold you the item was negligent. You only have to show that the product was defective as produced and caused your injuries. Then, you can recover compensation from the manufacturer, vendor, or seller under strict liability.

When Are You Liable for Someone Else’s Actions?

In general, each person is responsible for their own actions. However, there are situations where you could be legally liable for someone else’s conduct. The most common example in personal injury law is when an employer is responsible for an employee’s negligence.

Employers can be vicariously liable for the conduct of their employees when the employee is acting in the course of their employment. For example, if a pizza delivery driver runs a stop sign and hits your vehicle, the driver could be liable. However, the driver may not have enough money to pay for your damages. You could also file a personal injury claim against the employer to ensure compensation.

The reason for holding the employer accountable is that they may be in a better position to compensate the injury victim. The employer also benefits from the employee’s labor. An employer may also be in a better position to make sure the employee doesn’t do anything dangerous when they are working.

Does the Insurance Company Pay for the Damages?

If someone else is liable for your injuries, your personal injury payment may come from their insurance provider. Insurance coverage covers many personal injury accidents. This includes auto insurance and homeowner’s insurance. Even though the claim is against the policyholder, they have coverage through their insurance policy.

The insurance company may pay up to the maximum liability coverage for your injuries. If your damages exceed the insurance coverage, the individual may be liable for the remaining damages. If you have questions about how insurance works in a personal injury claim, talk to your attorney.

How Can a Personal Injury Lawyer Help?

A personal injury attorney has experience handling cases just like yours. They can review your case and identify who might be liable for your injuries. Your attorney can file a lawsuit and help you recover compensation. Your lawyer may also be able to negotiate to get a fair settlement so you can quickly recover compensation. Talk to an experienced attorney for legal advice about your personal injury lawsuit.