Determining Legal Liability With Wellington Injury Lawyer

Determining the legal responsibility for any accident that causes injury to others is a very crucial part of personal injury lawsuit and the most important job of a Wellington Injury Lawyer. This is often termed as "liability" in general and the process involved can be really complicated. It requires a lot of skill from the injury attorney and often depends on whether the other party was "negligent” or careless. It is very easy to say that a person or a business entity is responsible and should pay for the damages but it is difficult to find the person legally at fault.

Determining Legal Liability

The cause of every accident is carelessness and this fact is universally accepted in all courts of law. Accordingly, every court follows the basic rule regarding such matter and that is if one person involved in the accident is found to be less careful than the other, causing harm or injury, then he or she should be liable. It is said that such negligent person should pay all or a portion of the damages caused then the person that was more careful, but still suffered the injury. In such matters, the Wellington Injury Lawyer will take into consideration factors like Negligence and Duty of Reasonable Care to determine liability.

Rule of Carelessness

Therefore, the rule of carelessness plays a significant role in personal injury law and the Wellington Injury Attorney will use it to its full potential to determine legal liability. There are several simple propositions as well apart from the rule of carelessness that the attorney has to consider. One such proposition is when it is seen that the injured person was not supposed to be present at the accident site. It is also considered whether he or she expected such an accident could happen but was still present at that place. In such situations the person causing the accident will not be held liable as it is not the ‘Duty’ to be careful for such a careless injured person.

Different Variants of Negligence

There are different variants of negligence in personal injury law. The Wellington Injury Attorney must see to it that justice is prevailed and no one is deprived of it. Therefore, cases are investigated from all possible angles to adjudge the different variants of negligence. If the person causing accident is fully liable then claim should be paid in full to the injured person according to contributory negligence rule. On the other hand if the injured person is negligent, even to some extent, then the claim amount will be reduced by that percentage of involvement according to comparative negligence rule.

Other Negligent Persons

An employer may be held guilty for an accident and legally negligent is another person working for him or her causes an accident. If any person is injured in someone else premises for poor maintenance or construction then the owner of the preemie will be liable according to premises liability law. If one is injured while using a defective product then the manufacturer and the seller of the product may also be held guilty. Visit Here: Drucker Law Offices