Who Is Responsible When A Person Is Injured?

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Who Is Responsible When A Person Is Injured?

The law of personal injury is concerned with determining who may be responsible for your injuries and how much they should be required to pay for your damages. Personal injury is part of the law of torts, the legal term that includes all types of injuries to people and their property. There are a number of principles that apply to the law of torts and personal injury. These principles recognize degrees of fault on the part of the person who causes the injury. In general, the degrees of fault can be described as negligence, intentional fault, and strict liability.

The term negligence is essential to tort law. Everyone is expected to take normal ordinary care to ensure that their action or the actions of others under their control, do not cause anyone harm. If they fall below that standard, and someone is injured or their property damaged, then they become negligent. Negligence does not mean that the person deliberately intended to cause harm; it only means that they did not take reasonable care or they did not act when any reasonable person would have.

Strict liability means that one does not have to prove negligence to recover damages. In the case of product liability, the law now holds that you do not have to prove the manufacturer was negligent if someone is injured while using a product. They only have to prove the product was defective. A lawsuit can be brought against anyone participating in the chain of manufacture for that product, from the manufacturer, to the designer to the retail store.

An "intentional tort" refers to a personal injury caused by a person who has the intent to cause harm. It may also refer to injury caused by willful or reckless conduct. Intentional torts include assault and battery, intentional infliction of emotional distress, libel and slander, etc.

When more than one party is found to be at fault for your injuries, the court will enter a judgment against each party liable in accordance with that party's percentage of fault.

Other Alaska Personal Injury FAQs

Q: I Was Injured. What Can I Do Now?
A: You can make a claim against another party if they are more at fault for your injury than you are. Alaska is a comparative fault state. This means that a claimant's … More
Q: How Will My Claim Be Processed?
A: If the person who caused your injury has insurance, an insurance adjuster will gather the pertinent records including medical records, medical bills, wage loss … More
Q: How Do I Decide If I Need To Hire An Attorney?
A: There are situations where an attorney is unnecessary, such as very small cases. Small claims court in Alaska will handle claims up to $7500. If your injury is a … More
Q: How Much Will An Attorney Cost?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
Q: How Long Do I Have To Hire An Attorney?
A: The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is … More
Q: What Damages Can I Recover?
A: Alaskan law allows an injured person to claim whatever losses you suffered as a result of another person's negligence. You can recover your actual losses such as … More
Q: How Can I Determine How Much My Claim Is Worth?
A: For purposes of settlement, a claim is valued upon an estimate of what a jury would likely believe the case to be worth, taking into account the severity of the … More