Determining Who is at Fault in a Personal Injury Case

Statistics show that the majority of all accidents with injuries are attributed to a person’s carelessness or negligence. The general rule of thumb is as follows . . .

. . . if there is an accident and one individual was less careful than the other one that was involved in the accident with them, the less careful individual will be responsible for paying at least a portion of the damages that the more careful person suffered.

This is known as the “Rule of Carelessness” and is the way in which legal liability is determined in a personal injury lawsuit. Additionally, legal responsibility may also be determined by one or more of the following criteria:

  • If a person who is working for an employer is negligent and causes an accident, the person’s employer may be held legally responsible, as well.
  • If an accident occurs on improperly built, poorly maintained, or otherwise dangerous property, the owner will be liable based on their carelessness, and their failure to maintain the property.
  • If someone is injured by a defective product, both the manufacturer and seller will be held liable. This is so, whether or not the injured party knew how the defect happened, or can prove who was careless in allowing or creating such a defect.
  • If the injured party was in a place they should not have been, and should have expected that they could be injured, based on the activity occurring around them, the person who caused the accident may not be held legally responsible; as they were under no obligation to be careful toward the injured party.
  • If the person who was injured was also found to be careless, the court may reduce the amount of compensation they receive to the extent that the accident occurred, due to carelessness on their behalf. This is more commonly called “comparative negligence.”

Thus, not all personal injury cases deserve the same amount of compensation. If you are interested in knowing the amount of compensation you are justified for, an experienced lawyer will be able to judge the merits of the case. The amount of compensation will depend upon the severity of injuries, whether there is disability or debilitating injuries, and if there was any fault on your part. Based on these factors and the loss of wages, emotional and physical trauma, the lawyer would file a claim settlement.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

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