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How Will a Lawyer Establish Liability in a Personal Injury Case?

On behalf of Soloff & Zervanos, P.C.

If you or someone you love has been injured due to the careless or negligent actions of another person, one of the most important aspects of the case is determining liability. By determining who is liable in the case, you can work towards securing the compensation you deserve. At Soloff & Zervanos, P.C., our Philadelphia personal injury lawyers have the knowledge and experience you need to investigate your case and bring it to a successful conclusion.

Factors that go into establishing liability

Personal injury cases happen in a variety of ways. Some of the most common causes of personal injury cases include:

  • Vehicle accidents involving impaired drivers
  • Distracted driver vehicle crashes
  • Slip and fall injuries
  • Bus accidents
  • Dog bites
  • Motorcycle accidents
  • Pedestrian and bicycle accidents
  • Construction and workplace accidents
  • Defective products
  • Burn injuries
  • Boating accidents
  • Commercial truck accidents
  • And more

When another person’s negligence causes your injuries, you are usually entitled to receive compensation. However, you must first prove that the defendant is liable (responsible) for the incident in the first place.

Using negligence to prove fault

Most personal injury cases involve negligence on the part of a person, company, or entity. In order for negligence, the following legal elements must be present:

  • Duty: It must be shown that there was a legal duty from the defendant owed to the victim (the plaintiff).
  • Breach: The plaintiff has to prove that the defendant, in this case, breached their duty.
  • Causation: The plaintiff must prove that the defendant’s breach of duty caused their injuries.
  • Damages: The plaintiff must have incurred actual damages stemming from the incident. This can include medical bills, lost income, pain and suffering, property damage, etc.

Other ways to prove liability

Negligence is not the only cause of personal injuries. A plaintiff can still prove fault in other ways. In many cases, personal injury cases are brought against those who intentionally caused harm to another person. Sometimes a civil personal injury case will be related to a criminal case.

Using negligence per se, which means that there was a violation of a statute and that the violation led to the plaintiff’s injury. For example, if a person was driving recklessly, which is usually a vehicle code violation, and causes an injury, they can be held liable through negligence per se.

Let us get to work on your case today

If you or someone you care about has been injured due to the negligent or careless actions of another person, business, or entity, please seek legal assistance. At Soloff & Zervanos, P.C., we will get to work investigating what happened so we can secure the compensation you deserve, including:

  • Coverage of your medical bills
  • Lost wages if you cannot work
  • General household expenses
  • Possible physical therapy expenses
  • Pain and suffering damages
  • Possible punitive damages against a negligent party

If you need a Philadelphia personal injury attorney, you can contact us for a free consultation by clicking here or calling us at 866-597-8572.