What is Liability, and What Role Does it Play in Your Settlement?

Liability is a legal term for fault. Legal liability means that a person, persons, or other entity is responsible for a lack, weakness, defect, failure, or mistake that resulted in injuries or damages.

Understanding liability and knowing how to recognize it through the facts of your claim is key.

The clearer the liability:

• The less likely the insurance company will oppose a settlement.


• The easier it will be to convince the insurance company to settle your case, for a substantial amount and within a reasonable amount of time.


• The less likely you will have to file a lawsuit or hire an attorney to file one for you.

The less clear the liability:

• The higher the chance the insurance company will hesitate to settle your case, especially for an amount you think is fair.


• The higher the chance you will have to file a lawsuit, or hire an attorney to file one for you.

Without showing liability, it will be difficult to negotiate a settlement. If you can't convince the insurance company their insured caused the accident, the adjuster may refuse to settle your case at all, leaving you with few options other than litigation.

Recognizing liability is the first step. Framing that liability in a way that will impress the insurance adjuster (with your knowledge of the facts and the law) is crucial in obtaining a fair settlement offer.

The following sections will help you recognize liability in various forms. Once recognized, you can present the issues of liability to the insurance company in clear and convincing terms. That will go a long way in helping you prove your case and getting a high settlement offer.

Meeting the Legal Burden of Proof in Personal Injury Cases
Showing negligence for the purpose of negotiating insurance settlements is easier than the legal burden of proof in a formal lawsuit. When negotiating your claim, you only have to convince the adjuster that your story is the truth.

Definition of Negligence and Other Basic Rules of Liability
Understanding the definition of negligence is the first step to building your case. You must identify and connect negligence to the accident that caused your injury.

Car Collisions:

Gathering Evidence of Liability to Strengthen Your Insurance Settlement
Traffic accidents involve a number of factors and knowing who is liable can sometimes be difficult. Learn how to put all the evidence from the scene together to benefit your case.

Using Traffic Laws and Police Reports in Your Injury Claim
Traffic violations issued to the at-fault driver are powerful proof of liability in your auto accident settlement negotiations. Use any traffic citations issued to the other driver to improve your settlement offer.

Predetermined Fault in Auto Accident Claims
In some car collisions liability is essentially predefined. If your claim involves one of these predefined situations, then establishing liability will be easy.

Drunk Driving Crashes and DUI Arrests
Drunk driving crashes are usually a clear-cut case of negligence. Provide evidence of DUI in your personal injury claim and liability should be easy to establish.

Bicycle Accidents:

Building a Strong Bicycle Accident Claim
Gathering evidence soon after an accident is crucial to building a strong case. Know what to do at the accident scene to strengthen your personal injury claim and get a fair settlement offer.

Establishing Liability in Bike Accidents
Bicycle accident claims are special cases. In a bike accident, liability depends on several factors. Learn how to determine negligence in the accident and you may have a strong case.

Common Bicycle Laws and Cyclist Rights
When a road accident involves a cyclist, you need to know how the traffic code will affect your case. Knowing common bicycle laws and your rights as a cyclist can help you remain safe and support an insurance claim for injuries.

How Bicycle Helmet Laws Affect Liability in Personal Injury Accidents
Bicycle helmet laws can make or break your personal injury claim. Disobeying state law is not only dangerous but negligent. If you're reckless and don't wear the proper safety equipment, you will almost certainly be found partially liable for your injuries.

Slip and Fall Accidents:

Establishing Liability for Slip and Fall Settlements
If you slip and fall in a dangerous environment due to careless property maintainance or other negligence, you're entitled to compensation. Liability applies, but there are different factors involved.

Duty of Care for Property Owners and Visitors
Premises liability is determined by two elements in a slip and fall accident. Property owners and managers have a legal obligation to insure the safety of their visitors, but visitors also have a responsibility to act in a safe manner.

Property Owners' Responsibilities in Slip and Fall Cases
Here we take a closer look at the property owner's duty to keep their premises safe. Liability may be determined by the owner's obligation of safety within reason at the time time of the accident.

How Building Code Violations Can Help Prove Liability
Commercial and residential building code violations are strong evidence of negligence in slip and fall accidents. Understanding how to use violations in your claim can make a big difference in winning a favorable injury settlement.

Other Personal Injury Situations:

Definition of Medical Malpractice Liability
Medical malpractice is difficult and expensive to prove. What constitutes grounds for medical negligence is complicated and an injury attorney's professional expertise is essential.

Parental Liability for Injuries Caused by Children
Liability in accidents involving children can be hard to establish. Learn how parental liability can transfer responsiblity for a child's negligence in personal injury accidents to the parents or legal guardian.

Dog Bite Liability Claims for Injuries
Since pets have no ability to understand the law they cannot uphold it. In many dog attack situations the pet's owner can be held liable for injuries. Learn how to pursue a pet's owner for a personal injury claim.

Establishing a Product Liability Case
Product liability is in a class by itself. If you were injured by a defective product you purchased, certain legal concepts like strict liability can make your lawsuit settlement almost automatic.