What Does Liability Mean With Personal Injury Claims?
Before someone can successfully hold a company or person legally responsible for causing an accident, liability must be established. Liability means negligence occurred which resulted in injury. That means the liable party, or it’s insurance company must pay for the injured party’s damages and losses suffered in the accident.
For example, for a car accident case, if one driver rear-ends another vehicle, then liability would be easy to show. Or if someone is distracted behind the wheel and causes an accident, then that party would be considered liable.
Or with a slip and fall accident case, if a property owner failed to remove snow and ice and someone was injured, then liability would likely be established. Similarly, if a staircase does not have the necessary handrails to satisfy the Massachusetts Building Code, then liability may attach to the landlord or property owner.
With Massachusetts workers’ compensation cases, the injured worker does not need to prove fault on the part of the employer in order to have a case. In fact, even if the injured worker alone was responsible for the accident, he still has a valid claim as long as the injury occurred during the course and scope of employment.
Keep in mind there is something in Massachusetts called comparative negligence which means the accident victim bears some legal fault or liability for bringing about the accident. As long as the acciacci victim is no more than 50% liable, then he can still file a claim for a financial settlement.
Boston Injury Lawyer
If you feel that you suffered personal injuries for which another party is legally liable, then contact the Law Office of Christopher Earley today if you want to speak with a personal injury attorney. We can provide you with a free, up-front assessment of your case.