If you are hurt due to the actions of another person, you may have a personal injury claim. It is often a scary experience. Between wondering how you’ll pay unexpected medical expenses alongside your monthly bills, what your future may look like, and dealing with the insurance company or other party, it’s understandable that fear peeks its head out at you.
A maritime accident lawyer has provided the information below in order to educate you on personal injury law, so as to take some of the fear away from this process. You’ll learn the basics of what makes up a successful personal injury claim: liability, negligence, and the legal elements that make up a successful claim according to personal injury law. Let’s get started!
What Is Liability?
Liability is a term that means who is responsible for the accident. Liability is most often initially determined by a police officer who worked the crash. The insurance companies involved may also determine who is at fault.
It’s important to note that more than one person may carry liability. For example, if you’re in an accident with a semi-truck, the driver may not be the only responsible party. In that sort of accident, some of the liability may possibly belong to:
- The driver
- The company that may employ the driver
- The company that has the responsible for the truck’s maintenance
- The people or person who loaded the trailer and secured it
- Another driver, including you
Don’t worry too much if you were proven to be somewhat liable for the accident, comparative fault means that you can recover for the percentage of fault that can be attributed to the other parties, even if you are partially negligent, you may still qualify for compensation.
What Is Negligence?
Negligence means someone did what they shouldn’t have done or they didn’t do what is required of them according to the law. For example, if you were following too closely or speeding, you will most likely be found to hold some of the negligence as our friends at Herschensohn Law Firm, PLLC can attest. Again, this doesn’t mean that you won’t be eligible for compensation. Usually if you hold more than 51%, efforts to be compensated are going to be difficult—you do the math.
Elements Of A Personal Injury Claim
Now that you understand a bit about liability and negligence, let’s look at the elements of a successful personal injury claim. We will continue with the scenario involving a semi.
- Legal duty. This means a person has a legal obligation to do and not do certain things. For example, all drivers, regardless of whether they hold a CDL, have the legal duty of following the speed limit and obey traffic signs.
- Breach of the legal duty. For example, the semi-truck driver of another driver doesn’t yield the right of way when necessary.
- Actual injury. An actual injury is a personal injury or a property that is damaged.
- But-for test. This test helps determine if the claim is valid. But for the defendant or defendants’ actions, the actual injury wouldn’t have occurred.
Learn More About Your Claim
To learn more about the legal elements and how they impact your claim, schedule a consultation with a licensed attorney in your area.