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Personal Injury-Admitting Liability

Personal Injury-Admitting Liability

Brien Roche

In any personal injury case you basically have to prove two things.  The first of those two things is liability.  Liability means fault or some substandard behavior.  More often it is simply referred to as negligence.

The second thing that needs to be proved is causation.  That is, you have to prove what did that fault, negligence or substandard behavior cause. 

Frequently causation can be the more difficult thing to prove of the two.

On occasion a defendant may offer to admit liability.  At first blush that offer may seem very generous and attractive.

If you are on the plaintiff’s side of a case, you need to pin down exactly what the defense lawyer means by that.

In other words, is it simply an admission of fault, negligence or substandard behavior?  Or is it an admission of both fault and causation?  Is the defendant prepared to admit not only that they are at fault, are negligent and/or that their conduct was substandard but that conduct on their part then was the sole cause of damage to the plaintiff?  They typically are not going to admit the amount of damages, otherwise there would be no need for a trial.  

Personal Injury-Admitting Liability-Fault and Causation

If they are truly admitting liability i.e., both fault and causation, that is one thing.  If on the other hand, all they are prepared to admit is simply fault, negligence or substandard behavior, then that is a more limited type of admission.  

You may also want to look at the issue of why is the defendant making such an admission.  That is, do they have something to hide?  May there be some more egregious behavior that has been committed that you’re not aware of that might further inflame the jury?  Is there some basis for a punitive damage award that you’re not currently aware of?  Is there some other person that may be liable other than the one that you have currently focused on?  

On the other hand, through an admission of liability, is the defendant then setting the groundwork to attack the plaintiff and to focus the jury on that?  That is, is there a basis for claiming that there is a failure to mitigate damages by the plaintiff?  Is the defendant then going to focus on any overreaching by the plaintiff?

If those are legitimate concerns, then you need to look at the question of why is the defendant prepared to admit liability.  

Call, or contact us for a free consult. Also for more info on liability insurance see the Wikipedia pages. Also see the post on this site dealing with contract issues.

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Personal Injury-Admitting Liability

Personal Injury-Admitting Liability

Brien Roche

In any personal injury case you basically have to prove two things.  The first of those two things is liability.  Liability means fault or some substandard behavior.  More often it is simply referred to as negligence.

The second thing that needs to be proved is causation.  That is, you have to prove what did that fault, negligence or substandard behavior cause. 

Frequently causation can be the more difficult thing to prove of the two.

On occasion a defendant may offer to admit liability.  At first blush that offer may seem very generous and attractive.

If you are on the plaintiff’s side of a case, you need to pin down exactly what the defense lawyer means by that.

In other words, is it simply an admission of fault, negligence or substandard behavior?  Or is it an admission of both fault and causation?  Is the defendant prepared to admit not only that they are at fault, are negligent and/or that their conduct was substandard but that conduct on their part then was the sole cause of damage to the plaintiff?  They typically are not going to admit the amount of damages, otherwise there would be no need for a trial.  

Personal Injury-Admitting Liability-Fault and Causation

If they are truly admitting liability i.e., both fault and causation, that is one thing.  If on the other hand, all they are prepared to admit is simply fault, negligence or substandard behavior, then that is a more limited type of admission.  

You may also want to look at the issue of why is the defendant making such an admission.  That is, do they have something to hide?  May there be some more egregious behavior that has been committed that you’re not aware of that might further inflame the jury?  Is there some basis for a punitive damage award that you’re not currently aware of?  Is there some other person that may be liable other than the one that you have currently focused on?  

On the other hand, through an admission of liability, is the defendant then setting the groundwork to attack the plaintiff and to focus the jury on that?  That is, is there a basis for claiming that there is a failure to mitigate damages by the plaintiff?  Is the defendant then going to focus on any overreaching by the plaintiff?

If those are legitimate concerns, then you need to look at the question of why is the defendant prepared to admit liability.  

Call, or contact us for a free consult. Also for more info on liability insurance see the Wikipedia pages. Also see the post on this site dealing with contract issues.

Contact Us For A Free Consultation

    Contact Us For A Free Consultation

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