Who is Liable?

Liability in a Personal Injury Claim

Liability, or legal responsibility, is one of the key factors to address in a personal injury claim. If you or someone you know was injured in an accident or in any situation that another person was responsible for causing, you may be able to hold that person accountable for their actions. However, you (or your attorney) will need to prove that person is liable.

Liability is a term that refers to a person or entity's legal responsibility for something, particularly to pay costs or damages. In a personal injury case, this would refer to the person's legal obligation to pay compensatory damages to a victim or to a victim's family in a wrongful death claim. A defendant (the person against whom a lawsuit is being brought) may be held legally responsible for a personal injury under one of the three following classifications:

  • Negligence: a failure to act with proper caution or reasonable care.
  • Strict liability: this refers to a situation where a defendant may be held accountable for another's injuries regardless of specific negligence or intent.
  • Intentional conduct: willful or intentional conduct that causes another's injuries.

Proving Responsibility for Your Injury Case

How can an attorney prove that the defendant should be held liable for your injuries? This will need to be accomplished by thoroughly investigating your case and working to build evidence that supports the defendant's guilt. The burden of proof will be on your personal injury lawyer to prove the defendant is accountable, either by way of negligence, strict liability or intentional wrongdoing.

At Rogan Law, we often work with accident reconstruction specialists, medical professionals, economists, private investigators and other qualified professionals to conduct investigations and act as expert witnesses for our cases, helping us prove the legal responsibility of defendants in Scranton, Stroudsburg and Wilkes-Barre area personal injury claims.