Who is Liable for Damages in My Personal Injury Case?
After you have gotten hurt in an accident, it can be difficult to know how to seek financial compensation for your losses and, if you are filing a personal injury lawsuit, who is liable for damages. Responsibility for an accident or other incident that results in personal injuries can vary depending upon how and where the injuries occurred. In some cases, more than one party could be liable for damages, and it could be possible to file a personal injury lawsuit against more than one person or party.
An experienced Georgia personal injury attorney can assess your case to determine who may be liable for damages and can help you to file a claim accordingly. In the meantime, we want to provide you with more information to help you consider who may be liable for damages in your personal injury case.
Type of Accident or Incident That Resulted in Your Personal Injury
Liability in your personal injury case will depend in part on the type of accident or incident that resulted in your injuries. For example, in motor vehicle accident cases, multiple parties could be at fault, including but not limited to a negligent driver, negligent mechanic who serviced the vehicle, property owner where the accident occurred, or the designer or manufacturer of a defective vehicle or part. Differently, in a slip and fall accident that gave rise to a premises liability claim, the property owner or renter may be liable for harm. You should seek advice from a personal injury lawyer in Georgia about who may be at fault in your case.
Causation and Your Injuries
Liability ultimately comes down to causation and who caused your injuries. Your attorney can evaluate your case to determine who caused the accident in which you were injured and, accordingly, who is responsible for your damages.
Comparative Fault and the Reduction of Damages
You should keep in mind that you may also be liable for a portion of your losses, according to Georgia comparative fault law, if the court determines that you are partially at fault for the accident or for the severity of your injuries. Comparative fault typically results in a reduction of a plaintiff’s damages in cases where the plaintiff was also negligent in causing an accident or failing to have his or her injuries treated promptly, resulting in those injuries worsening significantly. For example, in a car accident lawsuit, a plaintiff’s damages award may be reduced if that plaintiff was speeding or texting at the time that plaintiff was struck by a drunk driver. Or a slip and fall accident victim could be partially responsible for the severity of her injuries, for example, if she failed to seek medical attention soon after the accident.
Contact a Marietta Personal Injury Attorney
If you were injured and need assistance filing a personal injury lawsuit, one of our experienced Marietta personal injury attorneys can help. From motor vehicle crash claims to premises liability lawsuits, our firm can represent you and can fight for your right to financial compensation. Contact The Strickland Firm for more information about the personal injury claims we handle for clients in Georgia.