Who Should Pay for Your Losses? How Liability Affects Personal Injury Claims

What you need to know to establish liability for different types of accidents and injuries, and how to use it to increase your compensation.

People are injured every day because a person or business did something wrong or failed to do the right thing. When another party is at fault for your injuries, you expect them to pay for your losses.

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.

You must establish the wrongdoer’s liability before you’ll see a dime in compensation from them or their insurance company.

Liability is the starting point of every injury claim or lawsuit, no matter how you or your family member was injured. In most injury cases, liability is established by proving a person or business was negligent.

When liability is clear, the insurance company will accept your injury claim and it’s easier to get a fair settlement. Sometimes proving liability is tricky, like when more than one party might be responsible for your injuries.

All too often, the insurance company tries to deny or reduce payment on a claim by pointing the finger of blame at the injury victim.

Here’s where we unpack liability for different injuries and accidents, common insurance company tactics, and what you can do to protect your right to fair compensation.

General Liability Rules for Injury Claims

Learn the rules for liability and negligence that apply to every kind of injury claim. The burden is on you to show why the at-fault party should pay for your losses. We show you how.

The Essential Guide to Liability in Personal Injury Claims
Learn how to establish who is responsible for paying your injury claim and what the insurance company will try to use against you.

All About Negligence and Why it’s Critical to Your Claim
video iconWhen someone else caused your injury, you’ll have to prove negligence before the insurance company will pay your claim. Here’s what you need to know.

The 4 Elements of Negligence You Need to Win Your Injury Claim
video iconLearn the four key elements of negligence the insurance adjuster must see before paying your claim. Here’s how to prove you deserve compensation.

Proving Your Injury Case: How to Win an Insurance Claim or Lawsuit
video iconMeet your burden of proof like a pro. Learn how compelling evidence can prove your injury case to the insurance adjuster or a court jury.

Everything You Need to Know About Proximate Cause
video iconTo get fair compensation, you’ll have to show the other person’s negligence caused your injury. We explain the concept of causation in personal injury claims.

Proving Fault in a Personal Injury Lawsuit: Your Burden of Proof
Proving negligence and liability in court is the foundation of a successful personal injury lawsuit. Here’s what you’ll need to win your case.

What You Need to Know About Injury Liability Waivers Before You Sign
There’s more to injury liability waivers than just another form. Here’s what you should know before signing away your right to compensation.

Parental Liability for Injuries Caused by Their Children
video iconLearn how parental liability laws can help you get compensation for injuries caused by someone else’s child. You have the right to recover your losses.

Liability for Motor Vehicle Accidents

Car accidents are the most common reason for personal injury claims. Find out how to establish the at-fault driver’s liability and convince the insurance company to pay the full value of your claim.

Using Auto Accident Liability to Negotiate a Higher Settlement
See how insurance companies determine auto accident liability and what you can do to prove the other driver’s responsibility for your damages.

Using Police Reports to Win Your Car Accident Claim
video iconPolice reports and traffic tickets can prove who’s at fault for your damages. Traffic laws can help settle your car accident claim.

How Predetermined Fault Affects Car Accident Liability 
video iconProving fault is critical to winning your car accident case. Learn what counts as predetermined fault and how it can help your injury claim or lawsuit.

Proving Liability After Getting Hit by a Drunk Driver
video iconHow to gather evidence for a successful insurance claim after being hit by a drunk driver. Get the compensation you deserve for your injuries.

Proving Liability in Multi-Car Accidents
Learn how insurance companies determine liability in multi-car accidents and the evidence you’ll need to file a strong claim for injury compensation.

Liability for Car Accident Wrongful Death
After a fatal car accident, don’t rely on the insurance company. Here’s how to protect your wrongful death claim against the driver and other parties.

Bicycle Accident Injury Liability

Serious injury claims arise from bicycle accidents with motor vehicles. Learn more about proving motorist liability for your personal injuries and related losses.

Proving Liability When Motorists are at Fault for Bicycle Accidents
Winning a bicycle-car accident claim depends on proving the vehicle driver’s fault for your injuries. Here’s how to build a strong insurance claim.

3 Essential Steps to Increase Bike Accident Claim Compensation
video iconIf you’ve been hit by a car while riding your bike, you can file an insurance claim for compensation. See how to build a strong bicycle accident claim.

How Bicycle Helmet Laws Impact Fault for Accident Injuries
Find out how insurance companies find fault with bicycle accident victims for not wearing a helmet, and how to fight for fair injury compensation.

Top Safety Tips to Avoid Deadly Bicycle-Car Accidents
video iconGet important safety tips every cyclist should know to avoid bicycle-car accidents. Learn common causes of crashes and how to protect yourself.

Slip and Falls and Other Premises Liability Claims

Property and business owners are obliged to keep their premises safe for visitors. See how to file an injury claim when you’ve been hurt by a slip and fall caused by unsafe conditions.

What You Need to Know about Liability in Slip and Fall Injury Claims
video iconHere’s what you should know to prove who is responsible for your injuries. Get fair compensation for your slip and fall claim.

The Duties and Liability of Property Owners and Visitors
video iconFind out when property owners should pay for injuries and when visitor liability can affect the outcome of an injury claim.

Establishing Property Owner Liability in Personal Injury Claims
video iconHere’s what you need to know about establishing a property owner’s liability in order to win your insurance claim.

Using Building Code Violations to Win Your Case
video iconLearn how building code violations can help you get fair compensation after an injury on someone else’s property. Evidence of code violations will support your claim.

How to Prove Liability and Win a Dog Bite Injury Claim
video iconGet fair compensation for you or your child by building a strong dog bite injury claim. Here’s how to prove the dog owner should pay.

Blaming the Victim for Their Injuries

Insurance companies look for any opportunity to deny or reduce injury claims, most often by blaming the victim. Find out how to fight back against the insurance adjuster’s decision.

Pure Contributory Fault
Learn why the insurance company can deny your injury claim in contributory negligence states, and what you can do about it.

Pure Comparative Fault
You can seek financial compensation for your damages, even when the insurance company blames you for the accident.

50% Modified Comparative Fault
You can still get compensation, even if you share some blame for the accident. Learn how the 50 percent comparative fault rule will affect your claim.

51% Modified Comparative Fault
Learn how insurance companies use the 51% bar to reduce or deny compensation to injury victims. Here’s how to get the settlement you deserve.

How a Pre-Existing Injury Can Affect Compensation
You’re entitled to fair insurance compensation even when you have a prior injury. Here’s what you need to know to build a strong injury claim.

Proving Liability in Special Circumstances

Personal injury cases against government agencies, large corporations, or multi-national companies are difficult to win. You’ll need a skilled personal injury attorney to firmly establish negligence and liability.

Proving Liability for Injuries Caused by Serving Alcohol
Find out who’s financially liable for serving alcohol that leads to serious injuries. Get the compensation you and your loved ones deserve.

The Injured Patient’s Guide to Medical Malpractice Claims
video iconLearn when medical errors count as malpractice, deadlines for med mal claims, and what it takes to win compensation for your injuries.

What a Personal Injury Class Action Lawsuit Can Do for You
Learn why personal injury class actions can be the best, and sometimes the only way to make negligent corporations pay fair compensation to their victims.

How to Establish a Product Liability Case for Injuries
video iconHere’s what you need to know to build a strong product liability case when a defective product harms you or your family.

Liability for Gun Accidents and Injuries
Gunshot victims and their families have a right to fair compensation under the law. Learn how to pursue the settlement you deserve after a gun accident.

Filing Personal Injury Claims Against Government Agencies
video iconLearn how to file a government injury claim against federal or state agencies. Act fast if you’re hurt on government property or by a government worker.


Injury Claim Liability Questions & Answers