Hello, my name is Susan Farris and my hobby is learning about the law. I have an uncle who is an attorney and I've always looked up to him and that's why I find subjects on law very interesting. Through speaking with my uncle and doing research on my own, I've learned about all the different fields of law. Each field of law centers on its own subject and most attorneys specialize in a certain area of law. These include criminal, personal injury, family, bankruptcy, criminal, immigration and business. I find each one of these fields very interesting and I have the utmost admiration for lawyers because they help people through their legal struggles. I wanted to share this information with others who have questions about the different types of attorneys and the law.
When you are hurt because of someone else's actions, you may consider seeking payment for those damages. Whether it's a car accident, or you've slipped down in a store, you could be entitled to payments. You may be paid for your medical expenses, your personal property that was lost or damaged, and even for your pain and suffering as a result of an accident. The question of whether or not you can expect to receive payment or damages, comes down to the other party's liability. Read on for more information about liability and how it could concern your personal injury case.
Liability, in the legal sense, means fault or culpability. The proving of fault is at the heart of all law suits and three issues must be considered in determining liability:
1. Duty of care is what is owed to you under normal circumstances. It's a responsibility to be safe, use common sense, and/or to follow certain rules and laws. Other drivers on the road owe you a duty of care, medical personnel owe you a duty of care, etc.
2. Breach of duty of care is when something occurs that causes a gap, or breach, in care. When you get rear ended while stopped at a red light, there has been a breach in duty of care.
3. Proximate cause is the action that led to the breach of duty of care. If the driver of the car that slammed into you at a red light was texting and not paying attention, that is the proximate cause. If you slip and fall in a grocery store on a vegetable oil spill in the isle, the proximate cause is the store's failure to warn you about the spill (with a safety cone) or to prevent your fall by cleaning it up.
There must be a direct link between the proximate cause and your accident to prove liability. The need for a direct link is where the law becomes more tricky to interpret, since proving that the proximate cause, and nothing else, caused your accident can be difficult. If you were hit from behind at a red light because the road was iced over, there would be no proximate cause, since you would need to prove that the other driver was blatantly disregarding safe driving guidelines. Likely, neither of you should have been driving in unsafe conditions, so there is no direct link from the other driver's actions and your accident.
The proof of liability can be complicated and confusing, so trusting in the skills of a personal injury attorney is vital. With competent legal help, the other party's liability will be proven and you will be compensated for your injuries. For more information call a professional like Klafter & Mason LLC.
Share18 June 2015
