Liability

Civil liability is the legal obligation which arises from a breach of contract or private wrong committed against another person. It differs from a criminal action which is prosecuted by the state and viewed as a public wrong.

Liability arises in a civil injury case if an individual has a duty of care towards another person, they breach that duty of care, and this breach is the proximate cause of injury to another person.

Can I file an Injury claim?

Under civil law the injured party has the legal right to file a civil claim to recover damages for the injury or loss. If the court determines the defendant's negligence caused the plaintiff's injuries, the court will rule in favor of the plaintiff and require the defendant to pay damages to the plaintiff.

Different states have different methods to award compensation (comparative negligence versus contributory negligence). This means compensation may be allocated based on each party's liability or may not be awarded at all if the court determines the plaintiff was partially responsible for their own injuries.