Proving Fault in Personal Injury Accidents: General Rules



Proving fault in personal injury accidentsWhen determining who is legally responsible for an accident and injury, it is normally a very complicated process, yet in most cases, is based on which party is determined to have been negligent in their obligations. Many times, prosecutors look to the individual or entity to point the finger at and claim that they caused the accident and therefore the injury, yet it is important to make sure all the facts have been analyzed in order to determine who is legally responsible.

Determining Legal Liability

When an accident occurs, it is normally the case where one party was being more careless than the other. This assumption serves as the basis for determining which party is legally at fault for the accident and will be responsible for a certain predetermined amount of damages. Nearly all accident and personal injury cases rely on this rule, as well as others, including: if the victim of the accident had also been careless, if the property on which the accident had occurred had not been properly maintained, or if the product being used by the injured party had been defective in any way. Additionally, in some cases, the injured party may have been in a restricted or unsafe environment in which they had knowingly put themselves in danger.

It may also be the case that there is more than one responsible party. Oftentimes, state laws provide that when there is more than one person at fault for an accident, it is the responsibility of at least one of those people to pay for the damages taken on by the injured party, although it is possible for the other people involved to decide separately who will pay the full amount and how much/ if the others involved will decide to reimburse.

Consult a New Jersey Personal Injury Lawyer Today

Understanding options when filing claims for damages sustained in an accident is critically important and requires detailed knowledge of state laws and personal injury claims. It may be in your best interest to contact a knowledgeable New Jersey personal injury attorney who has years of experience dealing with damages claims and will fight for the best possible outcome. Contact McHugh and Imbornone today so that we can get started on your case.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.