How Do You Know Who Has Responsibility for Your Losses?
You’ve been in an accident…maybe you were involved in an auto collision or maybe you tripped on broken pavement at a store or someone’s home. Though it may seem obvious who was responsible for your injury and loss—the other driver or the property owner, for example—establishing liability in a personal injury lawsuit is almost always more complicated than you think, and can often involve more parties than you realize.
What Is the Basis for Liability in a Personal Injury Lawsuit?
To sue another person for losses suffered in an accident, you must first establish that the necessary state of mind. Under personal injury law as it has evolved, there are essentially four bases for liability:
- Intent—You can always bring a lawsuit for damages when someone else willfully causes you harm
- Recklessness—When the actions of another person indicated a wanton disregard for the value of human life, it can also be a basis for recovering damages
- Strict liability—There are certain activities that are so inherently dangerous—keeping wild animals or explosives typically qualify—that you don’t have to show that another person acted carelessly.
- Negligence—As a practical matter, most personal injury claims are based on allegations of negligence. Negligence requires that you demonstrate that the defendant (person from whom you seek compensation) did not act as a “reasonable” person would have under the circumstances.
Can You Sue Multiple Parties for the Same Accident?
Absolutely. In fact, it’s fairly common to have a number of factors that contribute to causing an accident. For example, a driver may fail to stop at a red light or stop sign, but may do so in part because he or she had too many beers at the local pub. The brakes on your car may be defective, preventing you from stopping in time to avoid an accident. There may have been gravel on the road or a pothole that caused you to lose control. If you can show that any of those parties acted unreasonably, they can be liable for damages.
Contact Howard D. Popper, P.C.
At Howard D. Popper, P.C., we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claimson a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.