Determining fault is an important step of any insurance claim or lawsuit. If you were injured because of the negligence of another person, you can’t just declare he or she was negligent and get handed a check for compensation. Fault must be legally proven, after which you’ll need to file an insurance claim or a lawsuit.
Fault in a personal injury typically comes down to carelessness. Whichever party was more irresponsible or careless than the other is generally the one who holds the blame, though each situation is unique and could have a different outcome. The following are three questions that could help you determine fault.
Did Someone Owe You a Duty of Care?
If you work on a construction site, your boss owes you a duty of care. He or she should provide you with all the safety equipment you need, as well as all the training it requires to stay safe. If he or she fails to do so, and you are hurt as a result, your boss could be liable for your injuries.
If you don’t work on the construction site, and it has all kinds of “caution” and “warning” signs posted, but you choose to pass the signs and trespass, there’s a likelihood nobody would be found responsible but yourself. The construction company paid you a duty of care by posting the signs, but you chose to ignore them.
Is There a Second Individual Involved?
Sometimes there’s a second individual involved in your injury, and you could find fault with both of them. For example, if an employer sent an individual to provide you a service, and that individual ended up causing you an injury, you might be able to sue both the individual and his or her employer. In other cases, the employer could be solely responsible.
Did a Building Owner Fail to Provide Maintenance?
If you’re walking out of a building in the dark, and it is not properly lit because a lightbulb went out, you could fall and get hurt. If the owner of the building knew the lightbulb needed replacing, but failed to do so, he or she could be responsible for the injuries. These are tricky situations that you need to be aware of because many individuals might just chalk that up to clumsiness when someone is liable.
Determining Fault With Legal Assistance
If you have more questions about if your own experience then contacting a personal injury lawyer from a law firm like Kamper & Estrada, PLLC, could be your best option to help determine who is liable for your injury. Get the legal assistance you need today.