What Is the Liability of Personal Injury?

If you are involved in a personal injury matter, you may wonder: what is the liability of personal injury? When someone else’s actions cause another person to suffer an injury, the responsible party must be held liable under the law. The liability of personal injury refers to the legal responsibility a person has for causing injury or harm to another person.

A Mason City personal injury lawyer from our firm can help clients by representing them in these cases and working to secure a favorable outcome.

Types of Personal Injury Cases

There are many different types of personal injury cases that personal injury lawyers may deal with on a regular basis. Some of the most common cases involve:

• Car Accidents
• Medical Malpractice
• Catastrophic Injury
• Product Liability
• Wrongful Death

Types of Liability in Personal Injury Cases

The type of liability associated with a particular personal injury depends on a number of factors. The specific details of the injury and what caused the injury play a huge role in determining the amount a person can be awarded in these cases. The main types of liability include the following:

Negligence Liability

When a person fails to demonstrate the level of care that a reasonable person would in a similar situation, resulting in harm to another, negligence occurs. An example of this would be if a driver runs a red light and causes a car accident that injures someone. The negligent driver would be held liable for the injuries the other person sustained because they failed to act responsibly.

Strict Liability

When a person or entity is held responsible for harm caused by their actions, regardless of negligence or fault, strict liability applies. A manufacturer selling a defective product that causes harm or injury to a consumer is an example of strict liability. Even if the injuries sustained were not caused by negligence, the manufacturer could still be held strictly liable.

Intentional Tort Liability

A person is held liable for their actions when they intentionally cause harm to another person. This is called intentional tort liability. An example of this is when a person physically assaults another person. The person who causes the physical harm may be held liable for any injuries they caused.

Vicarious Liability

When an organization or employer is held liable for the actions of an employee, even if they were not directly responsible, vicarious liability occurs. An employee driving a company car and causing an accident is an example of this type of liability. If the employee was acting within the duties of their employment, the employer could be held responsible for the accident and any injuries and damages sustained as a result.

Premises Liability

It is the property owner’s responsibility to maintain a safe environment for people who visit their property. If a person slips and falls on ice outside a store because the store owner failed to clear the area, they can be held liable for the person’s injuries due to the unsafe conditions. This is referred to as premises liability.

Product Liability

The distributor of a product may be held liable if a product is defectively designed, manufactured, or labeled. Especially if that product causes harm to a user, seller, manufacturer, or distributor. An example of this would be a malfunctioning car part that causes an accident. The company may be required to compensate the person who sustained injuries and damages that were caused by the defective product.

Damages in Personal Injury Cases

The amount and type of compensation that is awarded in a personal injury case may depend on the injury sustained and the type of liability, amongst other factors. A person may be required to pay for various damages in a personal injury case if they are found liable. These damages can include:

• Punitive Damages: Punitive damages may be awarded to punish the wrongdoer and prevent future misconduct from occurring in cases of extreme misconduct and intentional harm.
• Compensatory Damages. These damages can cover any lost wages, medical bills, pain, suffering, and other economic and noneconomic losses.

It’s important to note that Iowa is one of the few states that put a cap on noneconomic damages in medical malpractice cases.

How To File a Personal Injury Case

In Iowa, personal injury laws are complex, difficult to understand, and hard to apply, as they follow Iowa Rules of Civil Procedure. An experienced personal injury lawyer can help you navigate these rules and procedures to increase your chances of winning your case.

You begin the process by filing a petition in the district court of the county where the defendant lives or where the injury occurred. The petition will need to include a cover sheet and specific details about the incident that resulted in your injuries, as well as the damages you are seeking. You will then serve each defendant with a notice and a copy of the petition.

Time Limit on Filing a Personal Injury Claim

In Iowa, the state has strict statute of limitations requirements for personal injury claims. In the event that you suffer a personal injury due to someone else’s actions, you have a two-year time limit to file a petition with the court.

You may lose your opportunity to seek damages if you do not file within the two-year time limit, as there is a strong possibility your case will be thrown out. That is why it is important to connect with a personal injury lawyer, gather evidence, and file your petition as quickly as possible after the injury occurs.

FAQs

Q: What Is Liability in a Personal Injury Claim?

A: Liability in a personal injury claim refers to the legal responsibility of a party for causing an injury or accident. Oftentimes, it results in the responsible party paying the other person for the damages they caused through compensatory damages and, sometimes, punitive damages. Both types of damages cover economic and noneconomic distress.

Q: What Is the Average Payout for a Personal Injury Claim?

A: There are many factors that play into the payout for a personal injury claim. These include the details of the incident, the nature and extent of the claimant’s injuries, non-physical harm resulting from the injuries, the post-accident experience, and the status of those involved in the injury claim. Other factors that affect the amount you will receive include whether insurance covers the damages and your credibility.

Q: What Is the Meaning of Personal Injury Liability Coverage?

A: Personal injury liability coverage is an insurance policy that protects you financially if you are found legally responsible for causing harm or injury to another person. It can cover medical expenses, legal costs, and potential settlements. It’s important to remember that in terms of insurance, personal injury refers to injuries you cause another person, not the injuries you sustain yourself.

Q: What Is Strict Liability in Personal Injury Cases?

A: Strict liability in personal injury cases means that a party can be held liable for damages or injuries they caused even if their actions were not negligent or intentional. An example of this would be if you own an animal and that animal bites a person for no reason. Although you did not directly cause harm to that person, you are the owner of the animal and, therefore, strictly responsible for the damages.

Contact McGuire Law, PLC

Personal injury law is a lot more complicated than many realize, which is why it is beneficial for you to contact a personal injury lawyer when dealing with these situations. The legal team at McGuire Law, PLC, has the knowledge to assist and guide you through the personal injury laws and regulations. Our Mason City personal injury lawyer can develop your case, gather necessary evidence, and support you through each step. Contact us to set up your consultation.