Establishing Liability and Negligence

Before you can receive compensation, your attorney must prove that the defendant was liable for your injuries. Liability typically involves establishing negligence—the failure to exercise reasonable care, resulting in harm to another.

Comparative Negligence

In some cases, comparative (or contributory) negligence may apply. This occurs when both parties share some degree of fault for the incident. Even if you were partially at fault, you may still be entitled to compensation—though the amount awarded may be reduced proportionally to your level of responsibility.
Potential compensation in a personal injury case may include:

• Medical expenses (past and future)

• Lost wages and reduced future earning capacity

• Pain and suffering

• Emotional distress

• Punitive damages (in cases of gross negligence or willful misconduct)

  
  

What is a Tort?



A tort is a civil wrong that the law recognizes as grounds for a lawsuit. Tort law allows injured parties to seek compensation or injunctive relief. Torts generally fall into three categories:



• Intentional Torts – Acts done deliberately, such as assault or battery

• Negligent Torts – Incidents resulting from carelessness, such as a car crash due to a traffic violation

• Strict Liability Torts – Cases involving liability regardless of fault, such as injuries caused by defective products



The goal of tort law is to provide relief for the damages suffered and deter others from engaging in harmful behavior. Compensation may include:

• Loss of earning capacity

• Pain and suffering

• Reasonable medical expenses

• Future anticipated losses