For any individual, sustaining a serious injury is one of the most daunting and traumatizing things they can experience. They’re sudden, impact the individual for a long time, and can require long-term medical care—and astronomical expenses.
When negligence results in a serious injury, there are numerous factors that need to be considered when determining who can be held responsible. Our personal injury attorneys in Kansas City want you to know that there’s hope for possible financial recovery if the proper liable parties can be identified.
Who’s Responsible for Negligence in Personal Injury Cases?
If you’ve been injured due to someone else’s reckless actions, you may be able to file a personal injury claim. However, there’s a time limit. In most cases in Missouri, you have five years from the date of the accident to file—and there are some exceptions, so it’s important to speak with an attorney as soon as possible to collect evidence on what party may be at fault. Here are just a few.
Negligent Driver Responsibility
Some of the most common yet significant injuries caused by negligence are due to car accidents. If the other driver is tired, distracted, drunk, or in any other way reckless, they may be considered responsible for the accident.
However, there might be other contributing factors, such as a passenger causing the distraction or a bar that serves a visibly-intoxicated person more alcohol before allowing them to drive.
In both premises and product liability cases, it’s most often a company that’s found at fault for injuries caused.
In premises liability cases, a company may be responsible if a problem on the grounds caused the injury and the premises owner knew of the hazard but did nothing to fix it. In product liability matters, the manufacturer may be liable if it had a dangerous product design, there was a problem in the manufacturing, or it failed to issue a warning of a defect.
Health Care Professional Negligence
Unfortunately, there are numerous forms of medical malpractice, from misdiagnosis and medication errors to surgical complications and hospital errors. In these cases, there are multiple parties in the medical facility—as well as the facility itself—held liable for damages if the evidence indicates negligence.
These and other forms of liability must be proven through a rigorous legal process, particularly by an attorney with expertise in a specific area of law. Each claim should be assessed within that scope as to the nature of the negligence, the damages incurred by the individual, and their rights to fair compensation.