You can sustain injuries in an accident due to your fault or another person’s fault. When you sustain injuries due to another person’s fault, you can claim damages. In some cases, finding who’s liable for your injuries is easy, and in others, it is difficult. The complication might arise because the personal injury was a result of a sequence of events. Since finding the liable party in a personal injury lawsuit can be complicated, you need to employ a personal injury lawyer’s services. 

The liable party should compensate you if you sustain injuries due to their fault. Depending on the case, the liable party can be a single entity or multiple entities. Below is a breakdown of the process of finding the liable party in a personal injury lawsuit.

Finding Out Who’s Liable in A Personal Injury Lawsuit

Under California law, various parties can be liable in a personal injury lawsuit, including property owners, social hosts, at-fault drivers, or the government. However, to find out who is liable in a personal injury lawsuit, you must prove that the defendant was negligent. 

Your attorney must prove negligence to prove that the accused is liable for your injury. Negligence occurs when a party acts in a manner they shouldn’t or fails to act as they should. To prove negligence, your attorney should conduct a thorough investigation to prove the other party was at fault. However, to find the liable party in a personal injury lawsuit, you have to prove that: 

  • The liable party owed you a duty of care.
  • The liable party breached the duty of care.
  • You suffered a loss, injury, or damage.
  • You suffered the injury as a result of the breach of duty of care.

Duty of Care in Finding the Liable Party in A Personal Injury Lawsuit

To prove negligence, you must show that the liable party had a duty of care. For example, your doctor has a duty of care to ensure they treat you in the best way possible. A manufacturer also has a duty of care to manufacture non-defective goods. A driver also has a duty of care to drive the vehicle carefully to avoid an accident. 

Breach of Duty

To find the liable party in a personal injury lawsuit, you must prove they breached their duty to care. You need to show that the defendant acted in a manner that could put you in danger of sustaining injuries. You also need to prove that although the defendant didn’t know they were putting you in danger, a typical and reasoned person would have realized that there was a risk of injury. 

You must also realize that you have the burden of proof in a personal injury lawsuit. You must prove the liable party caused the accident. Therefore, you must gather substantial evidence to prove your case. You might suffer a personal injury due to a car accident, fall and slip, medical malpractice, or water park accident. 

Finding the Liable Party in A Personal Injury Lawsuit as A Result of a Car Accident

Car accidents are the leading causes of injuries in California. Finding the liable party in a personal injury lawsuit due to a car accident could be simple or complicated, depending on the situation. Several entities are involved in finding out the liable party, including the law enforcement agencies, the courts, and the insurance companies.

  • Using the Police to Find the Liable Party in a Car Accident

The police will prepare a report after you report the accident. They will interview you and the other driver or drivers involved in the accident to have a clear picture of what transpired and find the liable party. Once the police gather enough information, they submit their report to their respective departments. 

Based on the initial investigation, they might conclude who’s responsible for the accident. You should realize that the police report does not necessarily place liability for damages for personal injury on a particular driver. The police report is critical as you can use it as evidence in your case to determine the liable party in a personal injury lawsuit.

  • Using the Insurance Companies to Find the Responsible Party

After a car accident, it’s the defendant’s insurance company that pays you damages for your injuries. However, before the insurance pays the damages, they have to determine the liable party in a personal injury lawsuit. Insurance adjusters investigate on behalf of the drivers involved in the accident. 

To find out the liable party, the adjusters will examine the extent of the vehicle damage, receive eye witness reports, look at the medical reports, and check each driver’s coverage limit. After the intensive investigations, the adjusters will find the liable party in a personal injury lawsuit if you sustained injuries in the accident.

The adjutors find the liable party by determining who was negligent and therefore caused the accident. The law deems you negligent if you fail to behave in a manner a reasonable person would under similar circumstances. If a driver runs a red light, they will most likely be the liable party in a personal injury lawsuit. 

  • Finding the Liable Party in A Personal Injury Lawsuit Through the Court

The other way to find the liable party in a personal injury lawsuit is through the court. In most cases, the negligent party is liable for the injuries you sustain in an accident. The court listens to the evidence presented by all the involved party's attorneys to determine the liable party. The evidence includes police reports, eye witness reports, medical reports, and reports by other professionals. The court will determine the liable party depending on the evidence presented. 

Finding the Liable Party in A Personal Injury Lawsuit in Case of Medical Malpractice

Although doctors are professionals and highly trained, they often misdiagnose an illness or offer the wrong medication. However, the law expects doctors to offer services to the best of their ability. Any physician must meet a standard of care. When they fail to meet this standard of care and are injured due to the treatment, the court can hold the doctor liable for the injury.

To find the liable party in a personal injury lawsuit due to medical malpractice, you must prove that the liable party didn’t exercise the proper standard of care. You must prove that:

  • The defendant owed a duty of care to you as the plaintiff.
  • The defendant breached this duty of care.
  • The defendant was negligent in discharging their services to you as the plaintiff.
  • Medical malpractice caused you an injury.

To find the liable party due to medical malpractice, you must prove the defendant’s conduct was below the expected standard. You do this by presenting evidence from another medical professional. The doctor must be in the same specialty as the doctor who is liable for your injury. You must show through expert testimony that the defendant didn’t meet the standard of care, and you sustained a personal injury as a result. 

The court or jury can find a doctor liable in a personal injury lawsuit if they negligently prescribe a medication. They can also be found liable if they misused medical equipment, which caused an injury. In certain circumstances, the drug manufacturer is liable if their drugs cause injury. However, the manufacturer can only be liable if they fail to warn of the drug’s potential side effects. 

If the doctor fails to warn you of the effects of a drug, a court or a jury can find them liable in a personal injury lawsuit if the drugs cause personal injuries. According to the law, the doctor is better positioned to advise you on the drug’s possible side effects because he can access such information from the manufacturer. It’s the doctor’s primary duty to inform you of any risks or side effects of a drug or a piece of medical equipment. 

According to the law, you must consent in writing before the doctor administers any treatment or medical procedure. If the doctor fails to ask for your written consent and is injured in the procedure, the doctor can be found liable in a personal injury lawsuit. Before a medical procedure, the physician must also inform you of the benefits, alternatives, and risks involved in the medical procedure. 

Proving that a medical practitioner is liable is a complicated process. That is why you should hire the services of an experienced personal injury lawyer. Although it's difficult to prove medical malpractice, a legal doctrine known as “res ipsa loquitur'' makes proving the medical practitioner’s liability more manageable. The “res ipsa loquitur'' doctrine means “the thing speaks for itself.” Essentially under the doctrine, you only need to show that you suffered a particular injury because a doctor was negligent in performing the procedure. You only need to show if the procedure had been carried out professionally, the injury would not have occurred. 

When you use this doctrine, the burden of proof shifts from you to the defendant. The defendant must prove they were not negligent. However, to use this doctrine, you must show that:

  • You cannot obtain the evidence to show the actual cause of the injury.
  • The injury does not usually happen but only due to negligence in performing the medical treatment or procedure.
  • You were not responsible for your injury.
  • The defendant had exclusive control of the medical instrument which caused the injury.
  • Only the instrument which the defendant used could have caused the injury.

Finding the Liable Party in A Personal Injury Lawsuit in a Premises Injury Case

It is possible to sustain a personal injury in a commercial or residential building. In such a case, it's critical to find the liable party so that you can claim damages. When you are injured in a property owned by another person, the property owner could be the liable party.

According to the law, commercial building owners must maintain a high safety environment in their property. The owners must maintain their properties in a condition that minimizes the risk of causing injuries. If you are injured in a building, the court or jury can find the property owner liable. Especially if they fail to have their building regularly inspected to ensure it meets the required safety standards. 

The commercial property owner has a duty to care. If it's pouring heavily, the property owner should at least provide a mat for people to dry their shoes. If people enter the property with wet shoes, the floor might become slippery. People are more likely to slip on the wet floor. If a business owner places a warning of danger sign, the law releases them from liability if an injury does occur. If you walk on the slippery floor and fall and you are injured, the property owner will not be found liable if they have placed a sign warning of slipping danger.

However, the jury or court can find a business owner liable if they did not have enough measures to prevent the occurrence of an accident. If the parking lot, for example, is poorly lit and no security personnel is available, you might be injured in an attempted mugging. The courts can find the property owner liable for the personal injury, for they failed to put measures to prevent the muggings.  

According to the law, the court can find you liable in a personal injury lawsuit if a trespasser is harmed while sneaking into your property. You must have clear signs to indicate any security measures you have put into place around or inside your property in California. If a trespasser is electrocuted, for example, the court might find you liable if you do not have a warning sign indicating that you have installed an electric fence. 

You can also be liable for any injury to a licensee. A licensee is any person who you permit into your house but are not there for business purposes. A licensee might be your friend, a family member, or a coworker. If a licensee is injured in your house because you failed to inform them of any dangerous situations, the court can find you liable for any injuries they sustain in your house. However, once you warn them of any dangers, you are free from any liability. 

The court can also find you as the liable party in a personal injury lawsuit if an invitee is injured in your house. An invitee is anybody who is inside your house or property for business purposes. You have to take measures to ensure that an invitee is not injured in your house. The law protects an invitee above all other parties who access your house. 

The number of dangerous conditions in a house which can cause an injury do vary. The staircase, swimming pool, and glass doors can cause injuries. 

You Must Build A Strong Case To Find The Liable Party

As earlier stated, it's critical to have a strong case to find the liable party. But you can only have a strong case if you have compelling evidence. With strong evidence, you are in a privileged position to negotiate fair damages. 

When you have compelling evidence, it becomes easier to prove that the defendant was indeed at fault. Having a strong case will not only save you money and time but will also make it easy to find the liable party. The process of obtaining evidence commences from the time the accident occurs. It does not matter if the injuries are a result of a car accident, slip-and-fall or malpractice, you should document every information in as much detail as possible. A personal injury accident lawyer will help you gather evidence if you are seriously injured. They will also help by enlisting the services of other professionals to testify on your behalf. 

Note, it is critical to be as truthful as possible when giving your statement about the accident. If you are not honest, the defendant’s lawyers might accuse you of dishonesty. If the judge or jury thinks you are dishonest, it becomes a daunting task to prove the defendant was liable for the injury. If you have a challenge recollecting the details of the accident, consult your lawyer and they will instruct you on what to do. The lawyers will also gather witness reports and consult experts to make your case as credible as possible.

Call A Personal Injury Attorney Law Firm Near Me

For you to win a personal injury lawsuit, you must prove the defendant was liable. In some cases, finding the liable party in a personal injury lawsuit is simple, while in others, the process is more complicated. To find the liable party, you must prove that the defendant had a duty to care, they breached their duty to care, and the breach caused your injuries. If you or your loved one needs to find the liable party in a personal injury lawsuit in California, do not hesitate to contact The Personal Attorney Law Firm at 619-625-8707. For many years, we have handled several personal injury cases and found the liable parties on behalf of our clients.