Personal injury cases often come down to one major question: who is at fault?
If you go online, there are many examples of personal injury cases presented by personal injury lawyers that yielded incredible results.
One of the most famous personal injury cases is the McDonald's hot coffee case where a woman sued McDonald's after she burned herself with their coffee and was awarded three million dollars.
Yet even this case which seems at a cursory glance like the result of a very consumer-happy judicial system becomes more grey under closer inspection.
To understand who is at fault in these cases, it is important to understand negligence as a legal principle according to many personal injury attorneys.
What Is Considered Negligence?
Negligence can be understood in two ways:
- Negligence refers to the breach of a duty. When a person or entity fails to adhere to its legally recognized duty, it can be said to be negligent; however, this breach of duty is not enough to win in a personal injury case.
- The second definition of negligence refers to a breach of duty that resulted in actual damages caused by the actions of the defendant.
In many personal injury cases, it's impossible to give all the fault to one party according to many personal injury lawyers.
Can More Than One Party Be Negligent For The Same Accident?
States vary in their approach to this problem and many states have adopted an idea called contributory negligence in which they assess what percentage of fault each party in a case shares in the overall result.
Depending on how the judge or jury sees this percentage, a plaintiff's claim for damages as presented by their personal injury lawyer may be denied, reduced, granted, or even raised.
As in most legal situations, if you think you have a personal injury case, it's best to contact an attorney. Just be sure to always go online to research an attorney before you bring him or her your case.