Any individual or entity at fault for your personal injury accident can be liable. The first step to holding a party accountable is identifying the one or multiple parties who are responsible. This can be done by a personal injury lawyer who will conduct an independent investigation into your accident.
All personal injury cases rely on the theory of negligence. Negligence is when a person’s failure to act, or carelessness, causes another harm. Your attorney will look for evidence that demonstrates a party was negligent and, therefore, is liable. The following four elements are required to prove negligence:
1. The at-fault party owed you a duty of care.
2. The at-fault party breached his or her duty of care.
3. The breach of care directly caused your injuries.
4. You suffered actual or financial losses from these injuries.
Depending on the circumstances of your case, the at-fault party may be another driver, a corporation, or even a government agency.