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In a personal injury case, liability means being legally responsible for conduct that results in someone’s harm. It creates a legal obligation to compensate an injured party for their losses after accidents, intentional torts, and other wrongful acts in the form of monetary damages.
Keep reading to learn more about liability in personal injury cases.
Negligence is the most common ground for personal injury claims. Establishing negligence requires the injured party to prove four legal elements:
The defendant (alleged at-fault party) must owe a legal duty of care to the plaintiff (injured party). A duty is an obligation to use reasonable care to avoid causing harm to another person. The exact duty varies depending on the parties and circumstances. An example would be a driver owing a duty of care to follow traffic laws and to operate the vehicle safely.
A breach of duty occurs when a person fails to meet the required standard of care. Generally, the standard of care is based on how a “reasonable person” would act in the same circumstances. For instance, a reasonable person would obey traffic signals and refrain from texting while driving.
Causation is the reason something happens. The at-fault party’s conduct must have been the proximate and direct cause of the accident. In other words, but for a driver failing to stop for a red light, the collision would not have occurred, and causing a collision was a foreseeable consequence of running a red light.
The victim must prove that the at-fault party’s conduct caused them to sustain injuries and incur losses.
If you can prove the elements of negligence, the at-fault party can be held liable for your damages. Damages in a personal injury case depend on the specific factors involved in the case.
An injured party can recover compensation for economic damages, including:
An at-fault party may be liable for non-economic damages, including:
In certain circumstances, punitive damages may be awarded, but these are typically reserved for rare cases involving egregious or malicious conduct.
Georgia follows a modified comparative fault standard. If a victim is found to be more than 49% to blame for causing their injuries, the at-fault party is typically not liable for damages.
However, if the victim is less than 50% at fault, the at-fault party is usually only liable for a share of the damages proportionate to their percentage of fault. For instance, if the victim is found to be 30% at fault, the at-fault party would likely still be liable for 70% of the victim’s damages.
Liability for damages may arise in other situations beyond negligence. Other forms of liability can arise in:
A person may be liable for the harm they cause when they deliberately commit acts that result in injuries. Assault, battery, and false imprisonment are examples of intentional torts.
Some parties may be held strictly liable for damages, even though they did not intentionally harm someone and acted with reasonable care. In other words, the victim does not need to prove negligence or intent to establish liability. Strict liability often applies in product liability cases and claims involving abnormally dangerous activities.
Typically, a person is only liable for their actions. However, vicarious liability can make an employer responsible for its employee’s negligence that causes injuries. The employee must have been acting within the scope of employment for the employer to be liable for damages.
Evidence is used to prove the legal elements to create liability.
The evidence in a personal injury case varies depending on the type of case and the circumstances, but may include:
The strength and reliability of the evidence presented are critical to the case’s success. The sooner a victim begins gathering evidence, the better for the case.
Hiring a lawyer is not required for filing personal injury claims. Because complex issues, including liability, are involved, it is recommended that you seek legal advice.
If another party has injured you, call Nicholson Revell Personal Injury Attorneys for a free consultation with an Augusta personal injury lawyer. We will explain your legal options to help you hold the party that caused your injuries liable for the harm they caused.