How Is Liability Determined in Personal Injury Cases?

Personal injury cases revolve around the concept of liability. The liable party (the one at fault) is responsible for the damages and injuries caused to the plaintiff (the injured party). To win a personal injury case, the plaintiff must successfully prove that the defendant was liable for their injuries. Here’s a short overview from a personal injury attorney in Queens, NY about how that determination is made.

Duty of Care

The first key element in establishing liability is the “duty of care.” This is the legal obligation a person has to act reasonably to avoid causing harm to others. A driver has a duty of care to other drivers, pedestrians, and cyclists. A doctor has a duty of care towards their patients. A property owner has a duty of care to visitors on their property.

Breach of Duty

In order for liability to exist, the plaintiff needs to prove the defendant “breached” their duty of care. This means their action (or failure to act) was out of lines with what a reasonable person would have done in the same situation. This could be through actions like texting while driving, ignoring safety procedures in the workplace, or leaving a dangerous object in a walkway.

Causation

The plaintiff must show a direct link between the defendant’s breach of duty and the injuries they sustained. There are two types of causation: actual causation and proximate causation. To establish actual causation, or “cause-in-fact”, the plaintiff must prove that “but for” the defendant’s actions, the injury wouldn’t have happened. 

For proximate causation, also known as legal cause, the harm must be a reasonably foreseeable consequence of the defendant’s actions. An action that leads to an unforeseeable injury might break the causal chain.

Damages

The plaintiff needs to have suffered some form of loss or harm due to the defendant’s breach of duty. This can include economic damages, such as medical bills, lost income, and property damage. Loss or harm could also be non-economic, ranging from pain and suffering, to emotional distress, to loss of companionship.

Defenses to Liability

Defendants in personal injury cases may have defenses to reduce or even eliminate their liability. Comparative negligence is one common defense: if the plaintiff was also partially at fault for the accident, the damages they can recover will be reduced. Another defense that may reduce liability is the assumption of risk, meaning that, if the plaintiff knowingly and voluntarily engaged in an activity with known risks, the defendant might not be held fully liable. 

How Liability Is Finally Determined

Many cases settle out of court, with the defendant (often through their insurance company) agreeing to pay the plaintiff compensation. If the case goes to trial, the judge or jury will listen to evidence and make a decision on liability. They’ll also determine the amount of damages to be awarded. 

If you have been injured and think you may have a personal injury case, contact Mallilo & Grossman today in Queens, Flushing, and anywhere in NYC for a free consultation.

Tags: Personal Injury, Personal Injury Attorney, Personal Injury Lawyer, Personal Injury NY, Personal Injury Queens
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