What if nobody was at fault for causing my injury accident?
When contacting a personal injury lawyer, one of the questions that may come up early in the conversation is the question of liability. If the injured person was the sole individual involved in an accident that they unequivocally caused themselves, then establishing liability is straightforward. But rarely is an accident that simple. Though the injured person may think their accident was an open and shut case, it may not be and as a result they could lose out on collecting compensation from the party who was actually responsible. Depending on the nature of their injury, this could represent a substantial amount of money. It could also make the difference between obtaining sub-standard medical treatment and quality medical treatment. The right treatment can result in a full recovery whereas less than sufficient treatment could result in a lifetime of pain. Talk to a personal injury lawyer about your case before you decide that you are not eligible for receiving compensation for your injury.
How is liability established for an accident?
When a personal injury lawyer accepts a case, a priority is determining who is liable for injuring the client. Once the liability is established, that party will be the focus of the injury claim. But how does a personal injury lawyer determine if anyone was at fault, and if it wasn’t an unavoidable accident, who was responsible, and why? To answer these questions, it’s best to consider different scenarios because it’s the details of an accident that tell the tale of who, if anyone, caused it.
- The client slipped while walking, fell, and injured their hip.
o Did this occur in a commercial store? If so, was it because the flooring was damaged or otherwise hazardous? If the answers are yes, and yes, then the store’s owner may be held liable for the victim’s damages.
o Did this occur on the individual’s own property? If yes, then they are likely responsible for their own damages.
- The client was injured in the workplace while performing their job.
o Unless the individual was high on narcotics or alcohol, their damages should be covered by workers compensation.
- The client was attacked by someone’s dog.
o Did this occur when the individual was walking past the dog owner’s house and the loose dog attacked them? If so, then the dog’s owner may be held liable for the victim’s damages.
o Did this occur after the individual taunted and acted aggressively toward the dog and trespassed on the dog owner’s property? If yes, then they are likely responsible for their own damages.
As you can see, the details of a case matter significantly when it comes to establishing who is liable for causing an accident. In some instances, responsibility may be shared amongst those involved. This is especially true in car accidents. However, it’s important to note that if you suffered a serious injury in an accident, it may be to your detriment to assume that it was simply an accident and you alone are liable for your damages. For quality feedback on your case, contact a personal injury lawyer Trenton, NJ offers to request a free consultation.
Thank you to our friends and contributors at Davis & Brusca for their insight into personal injuries and what to do if no one was at fault.