Establishing Fault in Personal Injury Claims

Establishing Fault in Personal Injury Claims

It is normal to feel responsible for an injury that occurred, perhaps in part due to your own clumsiness or inattentiveness. After an accident, you may think that you should have noticed a slippery walkway in the snow or that you should have been driving a bit slower for the weather conditions. It is unwise to make any statements to indicate fault, and you should avoid making any assumptions at all before speaking with an attorney.

It may have been the homeowner’s responsibility to remove ice in your slip and fall case, and the homeowner’s insurance may be liable for your damages. If another driver’s negligence caused an auto accident, then his or her insurance is in place to compensate your losses. You should resist the temptation to revisit the various things you might have done differently to prevent the accident. However you’re feeling after a personal injury occurs, speak to a Georgia personal injury attorney to explore the facts of your case and the options in front of you.

To determine the legal fault or liability in any accident case, you must consider the definition of negligence, which includes failing to exhibit due care (Georgia Code of Laws Title 51). If a store does not warn of unsafe conditions, and a customer is injured, then the store is liable for the accident. If someone causes an accident through illegal activities or failing to uphold regulations, then this is the at-fault party. There are many different unique circumstances in personal injury cases. Consider some of the following examples of individuals who would be held liable for injuries:

  • Drunk Driving Auto Accident Claim: The driver and anyone who could have prevented the accident can be held liable, including a bartender or owner who knowingly served alcohol to a clearly intoxicated person.
  • Premises Liability Claim: Property developers, property owners, store managers and supervisors, and even employees can be held liable.
  • Defective Product Claim: The designers, manufacturers, distributors, and sellers of the product can be held liable.
  • Medical Malpractice Claim: Doctors, surgeons, hospitals, and other medical care providers can be held liable.

In many cases, there will be multiple parties who share some portion of the blame for the accident and injuries. When this happens, they will share a portion of the legal and financial liability.