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Joseph M. Ghabour & Associates LLC

How is Liability Determined in a Personal Injury Case?

Liability exists in three types of situations: crimes, tort (injury), and breach of contact. In personal injury (tort) cases, liability is a personal or corporate entity's legal and financial obligation owed to another party due to an accident that caused serious personal injury or wrongful death. The victim (or their survivors) must prove liability. In some instances, several parties may be liable for an accident.

The most common type of theory of liability in a personal injury claim is negligence. Essentially, this means failing to take reasonable care to prevent injury or harm to others.  However, proving that a defendant acted negligently is usually complicated. When injuries are serious, and the defendant could be liable for a sizable sum, defendants are willing to invest considerable sums to prove that they were not at a fault.

For a claim to be successful, the plaintiff will have to establish not just the extent of liability, but also the extent of damages. Choosing the right attorney to handle your case can mean the difference between a just settlement or verdict, and no financial compensation whatsoever.

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