A personal injury lawyer always views a client’s case with an eye towards identifying the person that was least careful. By the same token, a personal injury attorney feels compelled to ask this question: Would a reasonable person have carried out the same sort of action as the defendant?
Common sense questions that could supplement the 2 given above
• Did the defendant have a duty to care for the plaintiff?
• Had the defendant made a negligent action while acting in the role of an employee?
• Had any of the plaintiff’s actions contributed to the list of factors that caused the accident?
• What action should be taken, if the evidence has shown that more than one person was at-fault?
• What action could be taken, if a consumer were to be injured by a defective product?
Possible answers for each of the above questions, and the logical implications of that specific answer
Proof of a defendant’s duty to care for the plaintiff represents one of the essential elements of negligence. Still, it could not serve as proof of negligence, until additional evidence had managed to prove the existence for all the elements of negligence, at the time of the accident, as per personal injury lawyer in Grand Prairie.
If an employee were to follow an employer’s instructions, and then were to be charged with negligence, the employer, who had issued the instructions could be named as the person at-fault.
If one or more of the plaintiff’s actions had contributed to the list of factors that caused the injury-linked incident, then the extent of that contribution would determine what percent of any sum of money should be removed from the expected reward.
In most states, any party that has contributed to creation of an accident could be hit with the need to provide reimbursement for all of the damages suffered by the plaintiff. In such situations, the plaintiff then has the right to decide the person or business that must cover the cost of the damages.
So, what action could be taken against the other parties, those that had also played a role in helping to cause the injury-linked incident? The party that had paid for all of the damages would have the right to sue each of the other parties. Each of them might be asked to reimburse the party that had become the target of the injured plaintiff.
If a consumer were to be harmed during utilization of a product that had a recognized defect, then either the maker of that item, or the seller of the same item could be held liable for any damages. For that reason, following a trial, a judge or jury would decide which of those 2 possible defendants must compensate the injured consumer.