Comparative negligence, sometimes referred to as contributory negligence, is a legal rule that requires the determination of the claimant or plaintiff’s level of responsibility for his or her own injuries as well as the establishment of a degree of fault or responsibility for all defendants named in the personal injury claim.
In personal injury lawsuits, liability or responsibility for the injuries suffered must be determined in order for a lawsuit to be resolved and any assignment of damages to be made. One form of liability under personal injury law is Absolute or Strict Liability.
In cases where strict liability is assigned to an individual or company, the court holds the defendant:
The simple answer to this question is yes, it is possible to sue for whiplash. Whether or not you will be successful in your claim depends on a number of factors including state laws, the circumstances of the accident, and the severity of your injury and your losses.
Understanding Whiplash
Although car accidents are the primary cause of whiplash, other circumstances in which whiplash occurs include:
What is Whiplash?
Most defective product liability claims fall under one of three different categories. These include:
Defectively Manufactured Product Liability Claims
Although it is relatively rare, prescription medications can cause serious side effects. If you have suffered a negative side effect of a pharmaceutical drug and wish to file a law suit, consider the following:
Did Your Doctor Warn You of the Side Effects?
Some states have enacted helmet laws that leave motorcyclists wondering if they can file a personal injury claim if they weren’t wearing a helmet when the accident occurred. Because these laws vary from state, it is important to get in contact with a personal injury attorney in your jurisdiction to determine whether or not helmet laws will affect your case. Consider the following:
States with Helmet Laws
If both parties involved in a car accident are responsible for the resulting damage, it is recommended that they file a personal injury claim. Consider the following:
Comparative Fault States
If you have ever had to file a legal claim, you may know that there are many steps to the process. Although regulations may vary from jurisdiction to jurisdiction, here are the most common stages of a personal injury claim:
Consultation with Legal Team: This stage takes place when the injured party first discusses the details of their injury with a legal team. Legal counsel will determine whether or not the injured party is eligible to file a personal injury lawsuit. The legal team will also review any local laws or limitations that may affect the case at hand.
“Slip and Fall” accidents can happen a variety of ways, however, the majority of slip and fall accidents occur outdoors. Property owners have a responsibility to prevent these types of accidents from happening by keeping both indoor and outdoor conditions safe for visitors. Here is a list of the most common conditions leading to outdoor slip and fall injuries:
One of the questions that often comes up when dealing with personal injury cases, is how liability is determined in the aftermath of a car accident. If you are curious about how liability is calculated, here are several things to consider:
Who is involved? How liability is determined might vary depending on who was involved in the accident, who owned the cars that were involved, and whether negligence occurred.