Doctors are the most sued professionals in America. The U.S. as a whole is a very litigious nation, with civil lawsuits totaling billions of dollars every year. That’s not to say that these types of lawsuits are unwarranted.
If you’ve been a victim of someone’s negligence, you know that it was more than just a mistake or recklessness that caused your injury and you feel entitled to compensation.
Has someone else’s negligence harmed you and can you hold them responsible? Keep reading to learn the top 5 signs that you can sue for liability and negligence.
What is Liability?
The correct liability definition is the legal responsibility for one’s acts or omissions. Someone is said to be liable for damages when their negligence leads to the serious injury of another individual.
Vicarious liability is when liability for an injury is assigned to another person who didn’t cause the injury but who has a particular legal relationship to the person who acted negligently. The relationships these cover are parent and child, husband and wife, employer and employee, owner of a vehicle and the driver.
1. Duty of Care
You have to be able to prove that the would-be defendant owed you a duty of care not to cause you harm.
2. Breached the Duty of Care
If the negligent person failed to exercise a level of care that someone would normally exercise under the same circumstances, they can be held liable.
3. Incurred injury as a Result of the Breach
If someone was negligent but you did not suffer any injuries, there is no case to sue for damages. You had to have suffered some type of loss.
4. Direct Link
Can you show that your injuries are a direct result of negligence on the part of the other party? You have to be able to prove a direct link between the negligent act and your injury.
5. Haven’t Harmed Your Case
Even when you have a case, there are some common mistakes you may have made that could hurt your chances of building a strong personal injury claim. These include:
- Allowing the liability insurance company to take a recorded statement
- Posting about your car accident, your injuries, or your case on social media or anywhere online
- Not seeking medical care right away
- Not following your doctor’s orders
Be sure to discuss your case with a liability lawyer as soon as possible.
Do You Have a Case to Sue for Liability?
Now that you’ve learned the five signs that indicate you have a case to sue for liability, it’s time to find representation and build your case. An experienced attorney will know which evidence is vital to your case and can calculate damages for medical bills and other things pertinent to your case.
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