The Rules of Liability in Personal Injury Claims and Lawsuits

Written by: Judge Anthony P. Calisi (ret.)

Liability is a legal term for fault. Legal liability means that a person or other entity (like a corporation) is responsible for doing something that resulted in personal injuries or property damage.

Understanding liability, and knowing how to recognize it through the facts of your injury claim, is essential to winning a fair settlement.

The more clear the liability:

• The less likely the insurance company will oppose a settlement
• The quicker and easier it will be to get a substantial amount
• The less likely you will have to hire an attorney and file a lawsuit

The less clear the liability:

• The more likely the insurance company will deny your claim
• The harder it will be to get fair compensation
• The more likely you will have to hire an attorney and file a lawsuit

Without showing liability, it will be difficult to negotiate a settlement. If you can’t convince the insurance company their insured caused the accident, the adjuster may refuse to settle your case at all, leaving you with few options other than litigation.

Recognizing liability is the first step. Framing that liability in a way that will impress the insurance adjuster (with your knowledge of the facts and the law) is crucial in obtaining a fair settlement offer.

Determining Liability for Personal Injuries

What’s the Legal Burden of Proof for Injury Claims and Lawsuits?

Showing negligence, for the purpose of negotiating insurance settlements, is easier than the legal burden of proof in a formal lawsuit. When negotiating your claim, you only have to convince the adjuster that your story is the truth. In a trial, you must prove it.

The Definition of Negligence and Other Rules of Liability

Understanding the definition of negligence is the first step to building your case. You must identify and connect the responsible party’s negligent conduct to your injury. Only then can you hope to get fair compensation.

Beginner’s Guide to Using Liability in Settlement Negotiations

Motor vehicle accidents involve a number of factors, and knowing who’s liable can sometimes be difficult. You must learn how to put all the evidence from the scene together to establish liability.

How to Use Police Reports and Traffic Citations to Win a Settlement

A traffic citation issued to the other driver is powerful proof of liability. You can use traffic violations, and the police report, as strong leverage when negotiating your auto accident settlement.

How Predetermined Fault Impacts Accident Claims and Lawsuits

In some car collisions, liability is essentially predefined. If your claim involves one of these predefined situations, then establishing liability will be easy.

Gathering Evidence of Liability in Drunk Driving Crashes

Drunk driving crashes are usually a clear-cut case of negligence. Provide evidence of DUI in your personal injury or property damage claim, and liability should be easy to establish.

3 Steps to Building a Bicycle Accident Claim

If you’ve been hit by a car while riding your bike, you can file an insurance claim for compensation, the same as in a car collision. The most important part is gathering evidence. Here’s what to do after a bike accident to build your claim.

Determining Liability in Bike Accidents

Bike accident claims are special cases, with slightly different rules of liability. Learn how to determine who was negligent in the accident, and you may be able to build a strong case.

Common Bicycle Laws and Cyclist Responsibilities in the USA

When a road accident involves a cyclist, you need to know how the traffic code will affect your case. Understanding common bicycle laws, and your duties as a cyclist, can help you remain safe and, if necessary, help you win a personal injury claim.

How Bicycle Helmet Laws Affect Liability in Accident Claims

Bicycle helmet laws can make or break your personal injury claim. Disobeying state law is not only dangerous, it’s negligent. If you’re reckless and don’t wear the proper safety equipment, you will almost certainly be found partially liable for your injuries.

What You Need to Know about Liability in Slip and Fall Accidents

If you slip and fall in a dangerous environment due to careless property maintainance or other negligence, you’re entitled to compensation. Liability applies, but there are different factors involved.

Rights and Duties of Property Owners and Visitors

The legal concept of premises liability applies to both property owners and visitors. Property owners and managers have a legal obligation to ensure the safety of their visitors, but visitors also have a responsibility to act in a safe manner.

When is a Property Owner Liable for a Slip and Fall Injury?

Here we take a closer look at a property owner’s responsibility to keep their visitors safe. Liability is determined by the owner’s obligation to correct a dangerous condition, and by the amount of the injured party’s contributory negligence.

How to Use Building Code Violations to Win Your Case

Building code violations are strong evidence of a property owner’s liability. If you know how to use a commercial or residential code violation as leverage, it can make a big difference when negotiating your settlement.

Intro to Medical Malpractice: Do You Have a Valid Case?

Medical malpractice cases are expensive to litigate, and hard-fought by defense attorneys. Proving medical negligence is complicated, and you’ll definitely need an experienced attorney in your corner. First, learn how to evaluate a malpractice claim.

Parental Liability for Injuries Caused by Their Children

Liability in accidents involving children can be hard to establish. Learn how parental liability can transfer responsiblity for a child’s negligence to their parents or legal guardians.

Tips to Help Prove Liability for Dog Bite Injuries

Since animals can’t understand the law, they cannot uphold it. In many dog attack incidents, the owner can be held liable for injuries caused by their dog. There are things you can do to help your chances of winning a personal injury claim against the owner.

How to Establish a Product Liability Case

Product liability is in a class by itself. If you were injured by a defective product, certain legal concepts like strict liability can make your lawsuit settlement almost automatic.

Visitor Questions on Liability in Injury Claims & Lawsuits