Several factors come into play when establishing fault. When you fully understand these factors, it becomes easier to navigate the legal process.
Negligence
Negligence refers to a person’s failure to act with reasonable care, leading to harm to another individual. To establish fault, you must prove that the responsible party owed a duty of care, breached that duty and that breach resulted in the injury.
Comparative negligence
In some cases, both parties may share some level of fault for the incident. This concept is comparative negligence. The court assesses the degree of fault for each party involved and assigns responsibility accordingly. The court may adjust the injured party’s compensation proportionally to their level of fault.
Assumption of risk
In certain situations, individuals may voluntarily expose themselves to known risks, which can affect fault. This is the assumption of risk of personal injury. If the injured party was aware of and willingly accepted the risks associated with the activity, it may impact the outcome of the case. The United States
Courts report that personal injury filings surged 150% in 2021 from the previous year. Personal injury cases are common and can happen to anyone, so it is important to know what factors you should consider if you find yourself needing to file a claim.