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Determining Liability

Determining Liability

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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What Happens When A Child Is Injured Due To Someone Else’s Negligence?

What Happens When A Child Is Injured Due To Someone Else’s Negligence?

What Happens When a Child Is Injured Due To Someone ElseIf your child is injured due to someone else’s negligence what would you do? If you are like most parents, you would do all you can to protect your child. I’m signing my son up for football and I am required to sign a liability waiver before he can play. As a personal injury attorney, I know that any liability release or waiver a parent signs for their child is completely void and unenforceable. How many parents don’t pursue claims for their children because they mistakenly believe the liability waiver is valid?

When a Child is Injured Due to Someone Else’s Negligence

Despite having signed a liability waiver, your child may have a case. Some things you should consider is the type of injury, the age of your child and what state you live in. States have different laws about child lawsuits. Be aware that a child has a lot longer than an adult in most states to file a lawsuit. The statute of limitation is suspended for a period. Even so, it is best to file a case as soon as possible to have a fresh memory of the incident and preservation of evidence if needed.

Must Be Approved by a Judge

Finally, a child’s settlement must be approved by a judge. The money for a child can be invested until the child turns 18 so the child can pay for college. This is done through a structured settlement.

Hire Personal Injury Attorney, Mat Parke

If your child is injured due to someone else’s negligence, call personal injury attorney, Mat Parke. Mat can find out what rights your child has even if a liability waiver has been signed. As a Harvard law grad, Mat understands what is needed to receive fair compensation. Call (509) 482-7274 for a free consultation.

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

Parke Gordon

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Personal Liability Reduces Negligence

Personal Liability Reduces Negligence

personal liability reduces negligencePersonal liability reduces negligence; here’s why. I’m often amazed at how well our tort system drives safe behaviors in people and businesses. As an injury attorney, I am probably more aware of conduct of businesses that are intended to reduce liability exposure for negligent conduct than most. You can’t escape it: product warnings, employee safety training, building design, and so on. Safety, safety, safety!

Do you think people and businesses would be as safe if they weren’t liable for their negligence? Studies show that people are more careful when they can be held responsible for their actions.

But this liability exposure can also lead people to cover up or hide evidence of their negligence. It’s not a perfect system, but it works pretty well.

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

Parke Gordon

Parke Gordon

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