If you have been injured in an accident, you are likely already feeling the effects. You may be missing time from work, and your medical bills might be starting to pile up. This situation can be even more difficult if someone else was at fault for the accident.
Many victims wonder who will pay for all the expenses they suffered because of their accident. When someone else is responsible, that person can be held liable for all your damages. The process of establishing liability and holding them accountable can vary depending on the specifics of your situation.
Dive into all the details below to learn more about liability in personal injury cases.
Tort Law & Liability
A tort is one of the most basic legal concepts in personal injury law. A tort is basically a wrongdoing that results in some injury or harm to another person. If the wrongdoer is found liable, they may have to pay for all your losses.
Establishing liability requires proving different legal elements, depending on the type of tort involved. There are three common types of torts, including:
Negligence
Negligence is one of the most common types of torts. Many personal injury cases, such as those involving car accidents or motorcycle accidents, are founded on the concept of negligence. To establish liability for negligence, you must show that:
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- The breach was the cause of your injuries.
- You suffered some damages as a result.
A duty of care may be established by law, morals, or custom. Whether or not that duty was breached is determined by using the reasonable person standard. Did the defendant act as a reasonable person would in a similar situation? If the answer is no, then they breached their duty.
As an example, when you drive a car on the road, you owe other drivers a duty to operate your vehicle safely. If you are speeding, you have breached your duty of care. If that speeding causes an accident, you could be held liable for any injuries or damages resulting from that accident.
Strict Liability
Strict liability does not require proving any type of intent or breach of a duty. In cases involving strict liability, the defendant can be held liable for any damages resulting from their behavior. The injured person only needs to show that the defendant engaged in a specific behavior and they were injured as a result.
For instance, some services or occupations that are inherently dangerous involve strict liability. Tree cutters often incur strict liability for any damages resulting from cutting down a tree. If they mistakenly drop a tree on a home, they can be held responsible for the damages regardless of whether they were negligent.
Intentional Torts
Lastly, intentional torts involve willful and intentional conduct on the part of the wrongdoer. In these cases, someone intends to do harm to another, and they actually do that harm. Some examples of intentional torts include:
- Assault
- Battery
- Arson
- Property damage
- Slander / Libel
In addition to civil damages, intentional torts often result in criminal charges as well.
What Types of Damages Are Available After Liability Is Proven?
Once liability is placed on the at-fault party, they can be held liable for both economic and non-economic damages. This means they may have to compensate the victim for both their financial losses as well as their physical and emotional pain. Some common examples of damages in personal injury cases include:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
- Anxiety
- Permanent scarring or disfigurement
- Loss of consortium
- Loss of enjoyment of life
Putting a value on economic damages is usually quite easy because there are bills, receipts, and other evidence that proves their value. However, putting a dollar figure on non-economic damages can be much more difficult. These damages are more intangible and subjective. In many cases, they are worth more than the economic damages associated with the case.
How Does Liability Insurance Work?
Liability insurance can help cover the costs of any damages resulting from an accident. For instance, most states require drivers to carry minimum levels of auto liability insurance. If a driver is found liable for an accident, their insurance would pay for the damages.
Similarly, homeowner’s insurance, commercial liability insurance, or personal liability protection can be used to protect yourself against other types of accidents. If the available coverage is not enough to cover all the damages, you could still be held personally liable for the difference.
When an insurance company gets involved in a personal injury claim, they will usually attempt to settle the claim. Their settlement offer might be less than what your case is actually worth. Remember that accepting an insurance settlement waives your right to recover any additional compensation for that accident. You should always consult an experienced personal injury lawyer prior to accepting an insurance settlement.
Where Can I Go For Help With a Personal Injury Claim?
If you have been hurt in an accident, contact Parker & McConkie Personal Injury Lawyers today to schedule a free consultation. We can investigate your accident and fight to make sure that all the liable parties are held responsible.
Contact the Utah Personal Injury Lawyers at Parker & McConkie Today
For more information, please contact an experienced personal injury lawyer at Parker & McConkie Personal Injury Lawyers to schedule a free initial consultation today. We have 5 convenient locations in Utah, including Midvale, Salt Lake City, Ogden & Provo, UT. Clients can also visit our offices in Idaho Falls, ID & Rock Springs, WY.
We proudly serve Weber County, Utah County, Salt Lake County in Utah, Bonneville County in Idaho, Sweetwater County in Wyoming , and its surrounding areas:
Parker & McConkie Personal Injury Lawyers – Salt Lake City Office
466 S. 500 E., Suite 100,
Salt Lake City, UT 84102
(801) 851-1202
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Midvale Office
7090 Union Park Ave, #160,
Midvale, UT 84047
(801) 845-0440
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Ogden Office
2510 S Washington Blvd, Suite 160,
Ogden, UT 84401
(385) 402-8187
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Provo Office
37 E Center St, Suite 300,
Provo, UT 84606
(801) 876-4107
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Rock Springs Office
531 N Front St,
Rock Springs, WY 82901
(307) 205-7400
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Idaho Falls Office
2235 East 25th St. Suite #280,
Idaho Falls, ID 83404
(208) 418-0633
Hours: 24/7
