Responsibility and Damages: Personal Injury Law

 Posted on August 06, 2014 in Motor Vehicle Accidents

Almost everyone has been impacted by a major accident or negligent action-whether directly or indirectly. Stories arise every day of car accidents, incidents of slips and falls, and even injuries due to oversight on property owned by others. The result is often large medical bills, loss of wages, as well as a physical, psychological, and emotional toll that can cause irreparable harm.

It is only natural for an accident victim to want-or need-to seek legal compensation for the pain, suffering, and financial hardship brought on by the occurrence. A personal injury attorney will assess your situation and help you move forward based on two universal principles in civil law. Every personal injury case involves the issues of both liability as well as damages.

The term liability in this context is the standard in civil lawsuits determining whether-and to what extent-the defendant is actually responsible for the incident. Generally, you must be able to prove that the accident occurred due to negligence, strict liability, or an intentional wrong to collect damages. Once your lawyer has established liability on the side of the defendant, it is important to be prepared for the next step.

Discovery is the process in which you, your lawyer, as well as the defense collects and exchanges information pertinent to the case. This can be in the form of recorded statements, written depositions, medical records, as well as any other evidence from the case.

After the discovery process is finished, you and your lawyer will be able to get an understanding as to the damages you may be entitled to collect. Moving forward (and assuming liability has been established), the case can end with a settlement outside of a courtroom-or in more serious cases in front of a judge should an agreement not be reached.