Liability in a Personal Injury Claim 2017-07-31T16:00:13+00:00

LIABILITY IN A PERSONAL INJURY CLAIM IN KANSAS

 

Legal liability means that a person or a company is responsible for doing something that caused personal injuries or property damage to another person. Another word for legal liability is fault. RS Law can assist in helping you establish liability and pursuing compensation for your injuries and other accident related expenses.     The responsible party’s liability insurance coverage would be asked to pay for the injuries sustained in the accident.

Negligence

Negligence is a civil claim, which means that if a person is liable for negligence they suffer financial damages rather than go to prison. Negligent acts are unintentional. That is, if I purposefully punch someone in the face, they could not bring a negligence claim against me. This is relevant as most insurance policies have an exemption for acts which were carried out intentionally. That is, if someone purposefully runs their car into your car, that person’s insurance policy would have no duty to either defend them or pay out on their claim. Luckily most people aren’t sociopaths, so most car accidents could result in a negligence case.

In order to establish negligence in a court room, the person who has suffered harm has to prove that (1) the injuring party had a legal duty towards the injured party, (2) that the injuring party violated that legal duty to the injured party, (3) that that breach of the duty was the cause of the damages the injured party suffered, and (4) that injuries were suffered. More aptly that person’s attorney proves the above elements.

RS Law has litigated and tried numerous negligence claims, and has gotten results. While many Law Firms in the area give up on a case if they aren’t able to settle out of court, RS Law has a proven history of fighting for our clients.