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09/29

What is Liability in a Personal Injury Case?

Posted by: Jack Bernstein

The term “liability” is often misunderstood by those who may have a claim against someone for a personal injury. Many people assume that liability and responsibility are equal, but in reality the two are different issues. Someone may be responsible for an injury without being legally liable for it.

In order to collect compensation for a personal injury, you must usually establish that the person was liable for the accident that caused the injury. A personal injury attorney may be able to help you do this.

Liability Definition

The legal definition of liability is the legal responsibility for your acts or omissions. You can be liable because of something you do or because of something you fail to do. As a member of society, you have certain duties that you must perform towards others, including using reasonable measures to avoid hurting other people. When you fail to do these things, or when you fail to perform common and expected actions that would avoid harm to others, you may be considered legally liable for injuries that result.

It is important to understand that liability is not something that is uniform in every situation. Some people, like doctors, have a much higher duty of care in certain situations than the general public. For example, it would be very difficult to bring a case against an average person who tried to perform CPR on a drowning victim and failed to save the person’s life. That person would probably enjoy immunity from liability under what is known as “good Samaritan law.”

It would be a different situation, legally speaking, if an emergency room doctor performed the wrong life-saving measures and caused the death of a patient in a hospital. The doctor is expected to have more knowledge and expertise than the average person and is expected to use certain procedures that are known to be effective in saving the life of a patient.

Who Is Liable for My Injuries?

One of the most important questions you can answer when filing a personal injury lawsuit is who is actually liable for your injuries. The answer may not be the person you think. It is important that you receive sound legal advice from a personal injury attorney to determine the right person to sue for damages.

For more information on personal injury claims, or to pursue an injury lawsuit, contact Bernstein & Poisson, highly respected personal injury lawyers in Las Vegas. We offer free, no obligation consultations and even make house calls. Call (702) 633-3333 today!

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