An important question in any personal injury lawsuit is which party is at fault? Determining fault in a personal injury claim is key, and once it’s established, the liable party will be responsible for paying the injured victim financial compensation—also known as damages. Depending on the specific circumstances of the case, deciding who is at fault will vary. Your personal injury lawyer will investigate the case and carefully discover any potential at-fault parties. He will then make a final liability determination.
Generally speaking, it is often found that parties who may be liable in an injury claim carry liability insurance, which makes the insurance company responsible for compensating the plaintiff. Insurance companies will most likely conduct their own investigation and make a decision afterward. If parties cannot agree on who is liable, a personal injury lawsuit will be filed.
Negligence and Proving Fault in an Injury Claim
Many injury claims arise because one or more parties acted with negligence. Negligence means that conduct displayed is below the standard of care expected of a reasonable person, and harm was caused to another person. Legal elements of negligence that must be proven in order to hold a party responsible for personal injury damages include the following:
- Duty of Care – The defendant owed the plaintiff a legal duty of care. This must exist in every successful personal injury claim. For instance, automobile drivers are required to owe a duty of care to other motorists on the road.
- Breach – The plaintiff must now show duty of care was breached. For example, if someone is driving his car and looks down at his cell phone to send a text, a breach would occur.
- Causation – The plaintiff’s harm or injuries must be from the defendant’s conduct. This is usually obvious in many personal injury cases.
- Damages – The accident must have caused actual damages (monetary), including medical bills, lost income, and property damage.
When You Need a Personal Injury Lawyer in Philadelphia
The Heslin Law Firm and its skilled attorneys have over 30 years of experience helping injured victims recover damages from accidents they were involved in due to negligence. When you hire a lawyer at our Philadelphia law firm, we will perform a full investigation to determine who is at fault. If liable parties are proving difficult and are refusing to cooperate, we will file a personal injury lawsuit.
Because you hired an experienced attorney at our firm, you no longer need to negotiate with insurance companies or plead your case. That’s our job. We understand how difficult injuries can be, and we believe you should be spending time recovering rather than dealing with frustrations. We operate on a contingency fee basis, as well. This means, if you don’t get paid, we don’t get paid.
If you were hurt in an accident due to negligence, please contact our Philadelphia law firm. We handle all personal injury cases in Philadelphia and all of its surrounding counties. Contact us to schedule a free consultation.