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Determining LiabilityInsurance companies often portray that determining legal responsibility, what’s commonly called liability, for an accident is a complicated question.  Insurance companies sometimes contend liability so they can avoid upholding their obligations to compensate injured individuals.  It can be intimidating for an injured person when an insurance company refuses to pay medical bills and lost income because it denies the insured is responsible for the accident.  But the fact is that liability is not as complicated as insurance companies would like people to think it is.

Typically, liability can be determined by asking if the accident occurred because someone was careless – or as attorneys would say “negligent.”  If, for example, two people were in an accident and one person was less careful than the other, then that person must pay for at least some of the damages suffered by the more careful person.

Proof Needed to Determine Liability

Ultimately the law determines liability by requiring the injured person to prove four things:

First, that the person who’s actions caused the accident had the legal responsibility to avoid hurting the person who was injured.  This is called the “duty of care.”

Second, that the person who caused the accident failed to meet their legal responsibility (duty of care) and therefore committed a “breach of duty.”

Third, that the accident occurred because of that person’s breach of duty.  Referred to as “causation”  (because that person’s breach caused the accident).

And finally, that injuries, or “damages,” resulted from the accident.

Hire Personal Injury Attorney Mat Parke

Injuries can seriously affect your physical capabilities and appearance and beyond establishing liability, Parke Gordon Law can ensure that folks who have suffered serious physical injuries and other damages receive the just compensation they’re entitled to under the law.


Tri-Cities, Washington Law Office

Our Tri-Cities, Washington law office provides legal services to injury clients in and surrounding Tri-Cities, including clients injured in accidents in Kennewick, Pasco, and Richland, Washington. Visit or call our Tri-Cities office now. Parke Gordon LLC 8905 W Gage Blvd, #200 Kennewick, WA 99336 Phone:(509) 582-7274

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