Who Is Liable in a Personal Injury Case?
March 10, 2025
Determining liability in a personal injury case can be challenging and confusing. Liability refers to the legal responsibility of a party who caused harm or injury to another person. Establishing liability affects your ability to recover compensation for your injuries. If you’re unsure about who may be liable in your case, it’s crucial to seek legal guidance immediately.
Determining Liability in a Personal Injury Case
The foundation of liability in personal injury law rests upon the principle of negligence. Negligence occurs when someone fails to act reasonably, resulting in harm to another person. For liability to be established, it must be proven that the party had a duty of care toward the injured person, breached this duty, and directly caused the injury. For instance, in a slip-and-fall accident at a store, the store owner may be liable if they failed to address hazardous conditions promptly.
Our firm has successfully represented clients who suffered personal injuries due to negligence. We are committed to helping you gather the necessary evidence and move through the legal system clearly and confidently. Visit our website to learn more about our diverse practice areas.
Liability in Cases Involving Public Employees
Public employees, such as firefighters, police officers, and teachers, face unique challenges when injured. In situations involving a Winfield Park, NJ, police pension attorney, understanding liability is crucial. Depending on the circumstances, liability might rest with the employing agency or even third parties. For example, if a police officer is injured during duty due to faulty equipment, liability might extend to the equipment manufacturer or maintenance contractor.
Our legal team understands the particularities involving pension disabilities and compensation claims for public employees. If you need support with a firefighter pension claim, we provide comprehensive legal assistance tailored to your needs, ensuring you receive appropriate compensation and benefits.
Special Considerations for Disability and Pension Cases
When personal injury results in a lasting disability, additional layers of complexity emerge regarding liability. Claims involving state police pensions often require in-depth knowledge of state regulations and detailed documentation of injury and fault.
At Feeley & LaRocca, LLC, our Winfield Park, NJ, teacher pension lawyer focuses on proving that our clients’ injuries were duty-related or caused by another party’s negligence. These cases often require extensive medical documentation, credible eyewitness accounts, and, in some instances, professional evaluations. We’re prepared to guide you through each step of the process. Please visit our testimonials page to hear from clients we’ve successfully represented.
Common Challenges in Establishing Liability
Proving liability isn’t always straightforward. Comparative negligence, where both parties share responsibility, can complicate matters. New Jersey follows the modified comparative negligence rule, meaning that you may still recover damages if you’re less than 51% responsible for the injury. However, your compensation is reduced proportionately based on your degree of fault.
Insurance companies frequently challenge liability to minimize payouts. Therefore, it’s crucial to have strong legal representation to counteract these tactics. The Law Offices of Feeley & LaRocca have extensive experience managing these disputes, ensuring you are adequately represented throughout your claim.
Steps to Take Immediately Following an Injury
Taking immediate steps after an injury strengthens your liability claim:
- Document the incident thoroughly, taking clear photos of the injury and accident site.
- Secure witness statements with contact details.
- Obtain prompt and detailed medical evaluations.
- File an incident report with relevant authorities immediately.
- Consult a knowledgeable disability attorney in Winfield Park, NJ, as soon as possible to safeguard your evidence and legal interests.
Secure Your Rights with Professional Legal Representation
Establishing who is liable in a personal injury case requires precision, detailed documentation, and proficient legal representation. At the Law Offices of Feeley & LaRocca, we provide thorough and effective advocacy tailored to each client’s circumstances. Our extensive experience handling liability claims for personal injury victims, including public employees, positions us uniquely to support your pursuit of justice and compensation. If you’ve experienced an injury due to someone else’s negligence or require assistance with pension-related claims, don’t hesitate to contact us today and allow our firm to represent your interests and secure the compensation you deserve vigorously.