Liability is often one of the biggest questions or issues arising in personal injury claims. If you suffer injuries or damages because of someone else’s conduct, that person can be held “liable” for your losses. This means they may be held responsible for paying for your medical bills, lost wages, and pain & suffering.
Once liability is established, the at-fault party is legally obligated to pay for your damages. Establishing liability in a personal injury claim usually requires proving negligence. The person bringing the claim (usually the injured party) has the burden of proof to establish negligence and liability.
Both sides are given an opportunity to present evidence to prove their case. Keep reading below to learn more about liability and how it can affect a personal injury case.
Proving Negligence And Liability
Negligence is the legal theory on which most personal injury claims are based. Successfully proving negligence establishes liability. This allows the injury victim to hold the defendant accountable for their actions.
Negligence entails four legal elements that must be proven. Proving negligence requires proving all four of these elements. They are:
- A duty of care existed.
- The duty of care was breached.
- The victim’s injuries were the direct result of the breach.
- The victim suffered damages.
A duty of care may be established by law, custom, or morals. When examining whether a breach of the duty of care occurred, the reasonable person standard is used. In other words, was the person’s behavior reasonable under the given situation?
For instance, when you drive your car, you owe others on the road a duty of care to operate your vehicle safely and reasonably. Some specific duties are even made law, such as avoiding speeding or texting while driving.
If you decide to text and drive, you are breaching your duty of care to others. Now, imagine that your breach causes a car accident and injures another driver. You could be found liable for their injuries because your breach caused their injuries or damages.
What Types of Damages Are Available in Personal Injury Claims?
Once liability is proven, the at-fault party becomes responsible for the damages resulting from their behavior. There are generally two types of damages available in personal injury claims.
Economic Damages
Economic damages compensate the victim for the financial losses resulting from the accident. Putting a value on these damages is usually pretty easy. The victim typically has receipts, bills, bank statements, or other documentation that shows the specific value of their financial losses.
Common examples of economic damages in personal injury cases are:
- Medical bills
- Lost wages
- Property damage, such as car repairs
- Future lost earnings capacity
- Physical therapy
- Out-of-pocket expenses, such as prescription medication or medical devices
While putting a value on economic damages is straightforward, putting a dollar figure on non-economic damages is not as easy.
Non-Economic Damages
These damages compensate a victim for the physical and emotional trauma resulting from the accident. Non-economic damages are sometimes called pain and suffering damages. Some common examples include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of quality of life
- Loss of consortium
- Permanent scarring
- Depression
- Anxiety
Putting a financial value on these damages is much more subjective, and their value greatly depends on the severity of your injuries. Non-economic damages are typically worth anywhere from 1 to 5 times the value of the economic damages in the case.
In rare situations, punitive damages may be awarded in personal injury cases. Punitive damages are reserved for cases involving willful or grossly negligent conduct. They are intended to punish the wrongdoer for their behavior and prevent similar behavior in the future.
Who Will Pay For My Damages After an Accident?
The person liable for the accident is responsible for paying for your losses. As mentioned above, this includes both economic and non-economic damages. The wrongdoer may be held personally liable for all your damages and injuries.
In many cases, liability insurance covers the damages resulting from an accident. For example, Missouri requires all drivers to carry a minimum level of liability insurance. Those levels are:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
When a driver causes an accident, their insurance coverage pays for the damages. If your damages exceed their level of insurance coverage, you may be able to file an additional claim with your own uninsured/underinsured motorist coverage. Additionally, you may be able to pursue asset seizure or garnishment of wages if the responsible party does not have sufficient insurance coverage.
Other types of insurance, such as homeowner’s insurance or personal liability coverage, could pay for other types of accidents. These may include dog bites, slip-and-fall accidents, or premises liability cases.
When you file a claim with the insurance company, they may attempt to negotiate a settlement. Remember that if you accept a settlement, you waive your right to recover any additional compensation for that accident. It is always a good idea to consult with an attorney prior to accepting an insurance settlement.
How Can I Get Help With a Personal Injury Claim?
If you have questions about liability in a personal injury claim, contact Eason Car Accident and Personal Injury Lawyers today. We can help you hold the responsible party accountable and get the compensation you are owed. Call us now at (314) 932-1066 to schedule a free consultation with our personal injury attorneys in St. Louis.