If you or a loved one suffered injuries, property damage, or other financial losses due to another party’s actions, you may be entitled to compensation for those losses.
Contact the experienced Chicago personal injury lawyers from TorHoerman Law for a free, no-obligation Chicago personal injury lawsuit case consultation today.
If you or a loved one suffered a personal injury or financial loss due to a car accident in Chicago, IL – you may be entitled to compensation for those damages.
Contact an experienced Chicago auto accident lawyer from TorHoerman Law today to see how our firm can serve you!
If you or a loved one have suffered injuries, property damage, or other financial losses due to a truck accident in Chicago, IL – you may qualify to take legal action to gain compensation for those injuries and losses.
Contact TorHoerman Law today for a free, no-obligation consultation with our Chicago truck accident lawyers!
If you or a loved one suffered an injury in a motorcycle accident in Chicago or the greater Chicagoland area – you may be eligible to file a Chicago motorcycle accident lawsuit.
Contact an experienced Chicago motorcycle accident lawyer at TorHoerman Law today to find out how we can help.
If you have been involved in a bicycle accident in Chicago at no fault of your own and you suffered injuries as a result, you may qualify to file a Chicago bike accident lawsuit.
Contact a Chicago bike accident lawyer from TorHoerman Law to discuss your legal options today!
Chicago is one of the nation’s largest construction centers.
Thousands of men and women work on sites across the city and metropolitan area on tasks ranging from skilled trades to administrative operations.
Unfortunately, construction site accidents are fairly common.
Contact TorHoerman Law to discuss your legal options with an experienced Chicago construction accident lawyer, free of charge and no obligation required.
Nursing homes and nursing facilities should provide a safe, supportive environment for senior citizens, with qualified staff, nurses, and aids administering quality care.
Unfortunately, nursing home abuse and neglect can occur, leaving residents at risk and vulnerable.
Contact an experienced Chicago nursing home abuse lawyer from TorHoerman Law today for a free consultation to discuss your legal options.
If you are a resident of Chicago, or the greater Chicagoland area, and you have a loved one who suffered a fatal injury due to another party’s negligence or malpractice – you may qualify to file a wrongful death lawsuit on your loved one’s behalf.
Contact a Chicago wrongful death lawyer from TorHoerman Law to discuss your legal options today!
If you have suffered a slip and fall injury in Chicago you may be eligible for compensation through legal action.
Contact a Chicago slip and fall lawyer at TorHoerman Law today!
TorHoerman Law offers free, no-obligation case consultations for all potential clients.
When a child is injured at a daycare center, parents are left wondering who can be held liable, who to contact for legal help, and how a lawsuit may pan out for them.
If your child has suffered an injury at a daycare facility, you may be eligible to file a daycare injury lawsuit.
Contact a Chicago daycare injury lawyer from TorHoerman Law today for a free consultation to discuss your case and potential legal action!
If you or a loved one suffered injuries, property damage, or other financial losses due to another party’s actions, you may be entitled to compensation for those losses.
Contact the experienced Edwardsville personal injury lawyers from TorHoerman Law for a free, no-obligation Edwardsville personal injury lawsuit case consultation today.
If you or a loved one suffered a personal injury or financial loss due to a car accident in Edwardsville, IL – you may be entitled to compensation for those damages.
Contact an experienced Edwardsville car accident lawyer from TorHoerman Law today to see how our firm can serve you!
If you or a loved one have suffered injuries, property damage, or other financial losses due to a truck accident in Edwardsville, IL – you may qualify to take legal action to gain compensation for those injuries and losses.
Contact TorHoerman Law today for a free, no-obligation consultation with our Edwardsville truck accident lawyers!
If you or a loved one suffered an injury in a motorcycle accident in Edwardsville – you may be eligible to file an Edwardsville motorcycle accident lawsuit.
Contact an experienced Edwardsville motorcycle accident lawyer at TorHoerman Law today to find out how we can help.
If you have been involved in a bicycle accident in Edwardsville at no fault of your own and you suffered injuries as a result, you may qualify to file an Edwardsville bike accident lawsuit.
Contact an Edwardsville bicycle accident lawyer from TorHoerman Law to discuss your legal options today!
Nursing homes and nursing facilities should provide a safe, supportive environment for senior citizens, with qualified staff, nurses, and aids administering quality care.
Unfortunately, nursing home abuse and neglect can occur, leaving residents at risk and vulnerable.
Contact an experienced Edwardsville nursing home abuse attorney from TorHoerman Law today for a free consultation to discuss your legal options.
If you are a resident of Edwardsville and you have a loved one who suffered a fatal injury due to another party’s negligence or malpractice – you may qualify to file a wrongful death lawsuit on your loved one’s behalf.
Contact an Edwardsville wrongful death lawyer from TorHoerman Law to discuss your legal options today!
If you have suffered a slip and fall injury in Edwardsville you may be eligible for compensation through legal action.
Contact an Edwardsville slip and fall lawyer at TorHoerman Law today!
TorHoerman Law offers free, no-obligation case consultations for all potential clients.
When a child is injured at a daycare center, parents are left wondering who can be held liable, who to contact for legal help, and how a lawsuit may pan out for them.
If your child has suffered an injury at a daycare facility, you may be eligible to file a daycare injury lawsuit.
Contact an Edwardsville daycare injury lawyer from TorHoerman Law today for a free consultation to discuss your case and potential legal action!
If you or a loved one suffered injuries on someone else’s property in Edwardsville IL, you may be entitled to financial compensation.
If property owners fail to keep their premises safe, and their negligence leads to injuries, property damages or other losses as a result of an accident or incident, a premises liability lawsuit may be possible.
Contact an Edwardsville premises liability lawyer from TorHoerman Law today for a free, no-obligation case consultation.
If you or a loved one suffered injuries, property damage, or other financial losses due to another party’s actions, you may be entitled to compensation for those losses.
Contact the experienced St. Louis personal injury lawyers from TorHoerman Law for a free, no-obligation St. Louis personal injury lawsuit case consultation today.
If you or a loved one suffered a personal injury or financial loss due to a car accident in St. Louis, IL – you may be entitled to compensation for those damages.
Contact an experienced St. Louis car accident lawyer from TorHoerman Law today to see how our firm can serve you!
If you or a loved one have suffered injuries, property damage, or other financial losses due to a truck accident in St. Louis, IL – you may qualify to take legal action to gain compensation for those injuries and losses.
Contact TorHoerman Law today for a free, no-obligation consultation with our St. Louis truck accident lawyers!
If you or a loved one suffered an injury in a motorcycle accident in St. Louis or the greater St. Louis area – you may be eligible to file a St. Louis motorcycle accident lawsuit.
Contact an experienced St. Louis motorcycle accident lawyer at TorHoerman Law today to find out how we can help.
If you have been involved in a bicycle accident in St. Louis at no fault of your own and you suffered injuries as a result, you may qualify to file a St. Louis bike accident lawsuit.
Contact a St. Louis bicycle accident lawyer from TorHoerman Law to discuss your legal options today!
St. Louis is one of the nation’s largest construction centers.
Thousands of men and women work on sites across the city and metropolitan area on tasks ranging from skilled trades to administrative operations.
Unfortunately, construction site accidents are fairly common.
Contact TorHoerman Law to discuss your legal options with an experienced St. Louis construction accident lawyer, free of charge and no obligation required.
Nursing homes and nursing facilities should provide a safe, supportive environment for senior citizens, with qualified staff, nurses, and aids administering quality care.
Unfortunately, nursing home abuse and neglect can occur, leaving residents at risk and vulnerable.
Contact an experienced St. Louis nursing home abuse attorney from TorHoerman Law today for a free consultation to discuss your legal options.
If you are a resident of St. Louis, or the greater St. Louis area, and you have a loved one who suffered a fatal injury due to another party’s negligence or malpractice – you may qualify to file a wrongful death lawsuit on your loved one’s behalf.
Contact a St. Louis wrongful death lawyer from TorHoerman Law to discuss your legal options today!
If you have suffered a slip and fall injury in St. Louis you may be eligible for compensation through legal action.
Contact a St. Louis slip and fall lawyer at TorHoerman Law today!
TorHoerman Law offers free, no-obligation case consultations for all potential clients.
When a child is injured at a daycare center, parents are left wondering who can be held liable, who to contact for legal help, and how a lawsuit may pan out for them.
If your child has suffered an injury at a daycare facility, you may be eligible to file a daycare injury lawsuit.
Contact a St. Louis daycare injury lawyer from TorHoerman Law today for a free consultation to discuss your case and potential legal action!
The Ozempic lawsuit centers on allegations that Novo Nordisk failed to adequately warn consumers about serious risks associated with Ozempic and other GLP-1 medications.
Plaintiffs allege the drug has been linked to severe gastrointestinal injuries, including gastroparesis, as well as vision loss and other complications that have disrupted patients’ health, nutrition, employment, and daily functioning.
If you or a loved one developed gastroparesis, bowel obstruction, severe vomiting, vision loss, or other serious complications after taking Ozempic or another GLP-1 medication, you may have legal options.
Dupixent lawsuits allege that patients treated with dupilumab therapy later developed cutaneous T-cell lymphoma (CTCL), a rare form of non-Hodgkin lymphoma that can closely resemble severe eczema.
Research and published case reports have raised questions about whether some patients with atopic dermatitis face a higher risk of developing CTCL compared to similar patients who did not receive the drug.
Plaintiffs contend that Sanofi and Regeneron failed to warn patients and physicians about the possibility that Dupixent could worsen, accelerate, or reveal previously undiagnosed cutaneous lymphoma.
If you or a loved one has suffered a severe reaction or blood cancer linked to Dupixent, you may be eligible to take action and file a Dupixent lawsuit.
Suboxone, a medication often used to treat opioid use disorder (OUD), has become a vital tool which offers a safer and more controlled approach to managing opioid addiction.
Despite its widespread use, Suboxone has been linked to severe tooth decay and dental injuries.
Suboxone Tooth Decay Lawsuits claim that the companies failed to warn about the risks of tooth decay and other dental injuries associated with Suboxone sublingual films.
The chemotherapy drug Taxotere, commonly used for breast cancer treatment, has been linked to severe eye injuries, permanent vision loss, and permanent hair loss.
Taxotere Lawsuits are being filed by breast cancer patients and others who have taken the chemotherapy drug and subsequently developed vision problems.
If you or a loved one used Taxotere and subsequently developed vision damage or other related medical problems, you may be eligible to file a Taxotere Lawsuit and seek financial compensation.
Tylenol (Acetaminophen), one of the most popular over the counter medications for pain relief and high fever, has been associated with an increased risk of Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), and other developmental disorders in children exposed to Acetaminophen during pregnancy.
Legal claims against manufacturers and distributors of generic Acetaminophen have been investigated on behalf of pregnant women who used Tylenol during pregnancy and children who developed disorders such as Autism Spectrum Disorder, ADHD, and more.
TorHoerman Law is actively accepting and reviewing Tylenol lawsuit claims.
Spinal cord stimulator lawsuit claims allege that these devices are defectively designed and improperly marketed without adequate warnings, leading to severe injuries for patients.
TorHoerman Law is investigating claims involving spinal cord stimulators that allegedly caused serious injury instead of the relief patients were led to expect.
If you or a loved one experienced complications following spinal cord stimulator surgery, you may be eligible to pursue compensation through a spinal cord stimulator lawsuit.
Several studies have found a correlation between heavy social media use and mental health challenges, especially among younger users.
Social media harm lawsuits claim that social media companies are responsible for onsetting or heightening mental health problems, eating disorders, mood disorders, and other negative experiences of teens and children
You may be eligible to file a Social Media Mental Health Lawsuit if you are the parents of a teen, or teens, who attribute their use of social media platforms to their mental health problems.
Thousands of Uber sexual assault claims have been filed by passengers who suffered violence during rides arranged through the platform.
The ongoing Uber sexual assault litigation spans both federal law and California state court, with a consolidated Uber MDL (multi-district litigation) currently pending in the Northern District of California.
Uber sexual assault survivors across the country are coming forward to hold the company accountable for negligence in hiring, screening, and supervising drivers.
If you or a loved one were sexually assaulted, sexually battered, or faced any other form of sexual misconduct from an Uber driver, you may be eligible to file an Uber Sexual Assault Lawsuit.
Roblox lawsuit claims center on allegations that the platform allowed predators to groom, exploit, and abuse children through unsafe design and inadequate protections.
TorHoerman Law is dedicated to helping families who believe their child was harmed on Roblox pursue justice and financial recovery.
For many families, legal action represents both a path to compensation and a way to demand systemic change in how Roblox treats the safety of its youngest players.
If your child was sexually abused, exploited, or exposed to harmful content through Roblox, you may be eligible to take legal action by filing a lawsuit against Roblox Corporation.
Although pressure cookers were designed to be safe and easy to use, a number of these devices have been found to have a defect that can lead to excessive buildup of internal pressure.
The excessive pressure may result in an explosion that puts users at risk of serious injuries such as burns, lacerations, an even electrocution.
If your pressure cooker exploded and caused substantial burn injuries or other serious injuries, you may be eligible to file a Pressure Cooker Lawsuit and secure financial compensation for your injuries and damages.
Olympus Scope lawsuit claims center on allegations that certain reusable Olympus endoscopes and related accessories exposed patients to dangerous bacterial contamination after medical procedures.
These infections can lead to hospitalization, IV antibiotic treatment, sepsis, organ failure, and death, leaving many patients with serious medical complications and lasting physical harm.
You may qualify to file an Olympus scope lawsuit if you underwent an ERCP or another endoscopic procedure involving Olympus equipment and later developed a serious bacterial infection.
Families who lost a loved one after infection-related complications linked to an Olympus scope procedure may also be able to pursue a wrongful death claim.
Vaginal Mesh Lawsuits are being filed against manufacturers of transvaginal mesh products for injuries, pain and suffering, and financial costs related to complications and injuries of these medical devices.
Over 100,000 Transvaginal Mesh Lawsuits have been filed on behalf of women injured by vaginal mesh and pelvic mesh products.
If you or a loved one have suffered serious complications or injuries from vaginal mesh, you may be eligible to file a Vaginal Mesh Lawsuit.
Breast mesh lawsuits involve allegations that certain mesh products used during breast reconstruction, augmentation, and lift procedures contributed to postoperative complications and the need for revision surgeries.
Patients who experienced complications after mesh-assisted breast procedures have reported chronic pain, reconstruction problems, cosmetic deformities, and additional revision surgeries.
If you or a loved one experienced serious complications after breast surgery involving mesh or an internal bra technique, you may be eligible to pursue a breast mesh lawsuit claim for the harm caused.
Patients with the PowerPort devices may possibly be at a higher risk of serious complications or injury due to a catheter failure, according to lawsuits filed against the manufacturers of the Bard PowerPort Device.
If you or a loved one have been injured by a Bard PowerPort Device, you may be eligible to file a Bard PowerPort Lawsuit and seek financial compensation.
The AngioDynamics port catheter lawsuit claims that defective implantable ports have caused patients to suffer dangerous fractures, blood clots, and infections due to the breakdown of the catheter’s material inside the body.
These failures can lead to life-threatening complications such as embolism, sepsis, or the need for surgical removal of the device.
If you or a loved one experienced severe complications such as blood clots, infections, or catheter fractures requiring surgery due to a defective AngioDynamics port catheter, you may be eligible to file an AngioDynamics Port Catheter Lawsuit and seek compensation.
NEC Lawsuit claims allege that certain formulas given to infants in NICU settings increase the risk of necrotizing enterocolitis (NEC) – a severe intestinal condition in premature infants.
Parents and guardians are filing NEC Lawsuits against baby formula manufacturers, alleging that the formulas contain harmful ingredients leading to NEC.
Despite the claims, Abbott and Mead Johnson deny the allegations, arguing that their products are thoroughly researched and dismissing the scientific evidence linking their formulas to NEC, while the FDA issued a warning to Abbott regarding safety concerns of a formula product.
You may be eligible to file a Toxic Baby Formula NEC Lawsuit if your child received baby bovine-based (cow’s milk) baby formula in the maternity ward or NICU of a hospital and was subsequently diagnosed with Necrotizing Enterocolitis (NEC).
Paraquat, a widely-used herbicide, has been linked to Parkinson’s disease, leading to numerous Paraquat Parkinson’s Disease Lawsuits against its manufacturers for failing to warn about the risks of chronic exposure.
Due to its toxicity, the EPA has restricted the use of Paraquat and it is currently banned in over 30 countries.
You may be eligible to file a Paraquat Lawsuit if you or a loved one were exposed to Paraquat and subsequently diagnosed with Parkinson’s Disease or other related health conditions.
Ethylene Oxide Lawsuit claims center on allegations that Sterigenics U.S., LLC and other defendants negligently released hazardous levels of ethylene oxide (EtO), exposing nearby residents and workers to a known carcinogen linked to breast cancer, leukemia, lymphoma, and other serious illnesses.
If you or a loved one were diagnosed with cancer or other serious health problems associated with exposure to ethylene oxide and lived near a facility with known emissions, you may be eligible to file an Ethylene Oxide Lawsuit and seek financial compensation.
Nitrous oxide lawsuit claims center on manufacturers, distributors, and retailers who profit from selling canisters that are widely misused as a recreational drug.
Reports link this misuse to severe neurological injuries, psychiatric symptoms, hypoxia, and deaths caused by accidents or overdose.
These cases are rapidly expanding as more evidence emerges of the profound physical, psychological, and social toll caused by nitrous oxide misuse.
If you or a loved one has suffered brain injuries, spinal cord or nerve damage, psychiatric symptoms, or even death linked to misused nitrous oxide, you may be eligible to pursue a nitrous oxide lawsuit claim and seek compensation for the harm caused.
Diacetyl popcorn lung lawsuit claims center on allegations that repeated inhalation of butter-flavoring chemicals in certain workplaces, including diacetyl and related substitutes, caused permanent and preventable airway damage.
Popcorn lung, medically known as bronchiolitis obliterans or constrictive bronchiolitis, is a serious obstructive lung disease that scars and narrows the small airways, leaving many people with persistent shortness of breath, chronic cough, and reduced exercise tolerance.
TorHoerman Law has experience handling diacetyl popcorn lung cases and is currently reviewing claims from workers who believe occupational exposure to these flavoring chemicals contributed to their diagnosis.
If you or a loved one were diagnosed with diacetyl induced lung disease or bronchiolitis obliterans, you may have grounds to pursue a diacetyl popcorn lung lawsuit for the harm caused to your lung tissue and long-term lung function.
Our firm is about people. That is our motto and that will always be our reality.
We do our best to get to know our clients, understand their situations, and get them the compensation they deserve.
At TorHoerman Law, we believe that if we continue to focus on the people that we represent, and continue to be true to the people that we are – justice will always be served.
Without our team, we would’nt be able to provide our clients with anything close to the level of service they receive when they work with us.
The TorHoerman Law Team commits to the sincere belief that those injured by the misconduct of others, especially large corporate profit mongers, deserve justice for their injuries.
Our team is what has made TorHoerman Law a very special place since 2009.
Tor Hoerman has represented injured individuals for more than 30 years, with experience spanning individual personal injury cases and nationwide mass tort litigation. His work includes car accidents, catastrophic injuries, product liability claims, and other serious injury cases. Tor has served in court-appointed leadership roles in national litigation and tried cases involving major corporate defendants.
TorHoerman Law’s legal content is researched and written by our editorial team and attorneys for legal accuracy, clarity, and relevance. We rely on statutes, court records, government publications, medical research, and other authoritative sources when applicable. This page provides general legal information and does not constitute legal advice.
TorHoerman Law reviews its legal content for factual accuracy, current information, and relevant legal context before publication and as material developments occur. This article is provided for general informational purposes and does not constitute legal advice. For guidance about a specific case, contact TorHoerman Law.
On this page, we’ll discuss the concept of Personal Injury Liability, how liability is determined in a personal injury case, the process of proving negligence and filing a personal injury claim, the role of a personal injury lawyer, and much more.
Negligence and liability are intertwined in tort law.
You can’t hold someone liable for your injuries or the accident that caused them without first proving that they were negligent in some way.
While it may seem like a relatively straightforward process, it’s actually more complicated than it looks.
Several legal theories and regulations could clash and twist your case in numerous ways.
Understanding how to prove negligence and liability can help you obtain a better outcome in your personal injury case.
With the help of a competent and experienced legal representative, you can navigate the complexities of personal injury law flawlessly.
At TorHoerman Law, we have a team of experienced personal injury lawyers who can help you understand liability and negligence in your case.
Call us now for a free case consultation, or use the chatbot here to see if you instantly qualify for a lawsuit.
In tort or personal injury law, liability pertains to the defendant’s responsibility to the plaintiff or the victim.
This fundamental legal theory determines whether the defendant should be held accountable for the victim’s injuries.
Establishing liability can be complicated, depending on the nature of the case or accident.
Proving negligence is necessary to establish personal liability.
Negligence is the failure to exercise reasonable care that harms or injures another person.
Various accidents could stem from negligence, and establishing the defendant’s carelessness is crucial to prove liability.
As mentioned above, negligence is directly related to personal liability.
Establishing negligence isn’t as easy as it seems; it takes more than words to prove it.
To establish the defendant’s lack of due care, the plaintiff must prove the existence of the different elements of negligence.
Different aspects of negligence include:
The duty of care refers to the defendant’s legal obligation to the victim or plaintiff to create and maintain a reasonably safe environment.
To prove that the defendant owed a duty of care, the plaintiff must show that there was a relationship between them and the defendant at the time of the accident.
An example of this would be a doctor’s duty to provide proper medical care to their patients.
In this case, if the doctor fails to provide reasonable care, they may be held liable for any resulting injuries.
Another example is the driver’s responsibility to promote a safe driving environment for other drivers and pedestrians on the road.
If a driver is texting while driving and causes an accident, they have breached their duty of care and may be held liable for any injuries caused.
Breach of duty occurs when a person fails to meet the standard of care expected in a given situation.
This breach can be a negligent action or a failure to act when there was a duty to do so.
In several jurisdictions, authorities conduct a “reasonable person test.”
This test evaluates how a reasonable person would behave under the same circumstances.
Proving that the defendant breached their duty of care would require tangible evidence.
If a toy manufacturer fails to include proper warning labels on their products, they can be held liable for any injuries caused by the product.
Causation establishes the link between the defendant’s breach of duty and the plaintiff’s damages.
There are two aspects of causation: actual or proximate.
In actual cause, the plaintiff must prove that the defendant’s actions or omissions directly caused their bodily injury.
In proximate cause, the plaintiff must show that the defendant’s breach influenced the accident that caused their injury.
An example of an actual cause would be a driver looking at his phone and crashing into another car, resulting in physical injuries to the other driver.
A proximate cause would be a person slipping and falling on a wet floor inside a store because the employees failed to put up warning signs.
After the defendant’s legal responsibility is proved and the plaintiff’s injuries are established, the last element to verify is the damages.
This element refers to any injuries or financial losses the plaintiff suffered because of the accident.
To prove sustained or suffered damages, the plaintiff must provide evidence demonstrating the severity of their injuries.
This proof could include medical reports, bills, lost wages, and other related documentation.
Negligence is a broad legal concept that covers various scenarios and exceptions.
Some of the different legal theories that revolve around this concept include:
Comparative negligence is a legal doctrine used in personal injury cases where the plaintiff and the defendant may have contributed to the injury or damages.
Under comparative negligence, the responsibility for the injury is apportioned between both parties.
The difference lies in their degrees of fault.
The different types of comparative negligence can include:
Many people are confused between comparative and contributory negligence.
While they both deal with shared fault, they operate differently regarding how they affect the outcome of a personal injury case.
In contributory negligence, the plaintiff won’t recover any damages if they are found to have contributed in any way, even minimally, to their injury.
This doctrine is considered harsh and can result in unjust outcomes where a plaintiff with minor fault may be denied any recovery.
In most personal injury cases, the plaintiff must prove the defendant’s negligence.
Certain circumstances could shift this responsibility to the defendant, which is called negligence per se.
In negligence per se cases, the violation of the statute or regulation is considered evidence of negligence.
If a driver runs a stop sign and causes an accident, the traffic law violation can be used as evidence of negligence per se.
In this situation, the defendant must prove that they’re innocent or not negligent in their actions.
Like the plaintiff’s process, they must produce tangible evidence to justify their actions.
Strict liability imposes legal responsibility on the defendant for harm or damages caused by their actions or conduct, regardless of fault or intent.
Unlike negligence per se, which automatically shifts the fault to the defendant because of exercising evident carelessness, negligence isn’t necessary to prove the defendant’s legal responsibility in strict liability.
Strict liability usually applies in cases involving dangerous activities or products, such as manufacturing and pharmaceuticals.
In these scenarios, the plaintiff only needs to show that they suffered harm or damages due to the defendant’s actions or product without having to prove negligence on their part.
Vicarious liability holds one party (the “principal”) legally responsible for the actions of another party (the “agent” or “employee”).
This doctrine is often applied in employer-employee relationships or situations involving an agency.
Vicarious liability is based on the principle that an agent’s or employee’s actions are considered those of the principal or employer within the scope of employment.
An employer may be held vicariously liable for a car accident caused by an employee while driving a company vehicle during work hours.
Personal injury cases arise from a variety of scenarios, each presenting unique challenges and requiring specific legal approaches to address the harm suffered by individuals.
Common scenarios can include:
Motor or car accidents are the most common types of personal injury cases.
In these situations, one driver’s negligence or carelessness causes an accident that physically injures the other driver, passengers, or pedestrians.
Let’s take this scenario: A car runs a red light and collides with your vehicle, injuring you and your family members.
Since the driver consciously violated traffic laws, this case could qualify for negligence per se.
As the plaintiff, you’ll only need to show proof that the defendant ran the red light.
Your attorney could help you gather CCTV footage, eyewitness accounts, and other evidence to prove the defendant’s negligence.
Slip and fall accidents are another common type of personal injury case.
These incidents usually occur on someone else’s property, such as a grocery store, restaurant, or office building.
This type of case falls under premises liability, which means the property owner or manager is responsible for keeping the premises safe and free from hazards.
For example, if a grocery store fails to clean up a spill on an aisle floor and you slip and fall as a result, they could be held liable for your injuries.
Proving the duty of care in this scenario is easy since the property owner is responsible for maintaining a safe customer environment.
Your attorney could help you gather evidence, such as surveillance footage or witness statements, to prove that the store managers or staff members breached their duty.
Accidents in the workplace are often challenging and complex cases.
An injured employee can pursue a personal injury lawsuit or seek workers’ compensation benefits, depending on the jurisdiction.
Injured employees usually file for workers’ compensation benefits first before pursuing a personal injury case because it’s more streamlined and doesn’t require proving fault.
In some situations where a third party is involved (e.g., an equipment manufacturer), the employee may have the option to sue for damages.
For example, an employee may operate a crane as he learned in training, but the crane malfunctions and injures him.
In this scenario, the employee may have grounds for a product liability case against the crane manufacturer.
Abuse cases in nursing homes or daycare centers are sensitive and unfortunate situations.
These cases often involve physical, emotional, or financial harm to vulnerable members of society.
In these cases, the facility or individuals responsible for caring for the victim could be held liable for damages due to their negligence in providing appropriate care.
For example, the facility could be liable for damages if a nursing home resident suffers from bedsores due to staff neglect.
Medical records, eyewitness accounts, and expert testimony can prove the institution’s breach of duty.
Dangerous drugs and medical devices aren’t often discussed enough in personal injury cases, but they can have devastating consequences.
In these situations, the manufacturer or other parties involved in the production and distribution of the drug or device could be held liable for any resulting harm or damages.
For example, say a woman who had a transvaginal mesh implant a few years back suddenly feels severe pain and learns that the implant ruptured.
She could file a product liability lawsuit against the manufacturer for their negligence in producing or distributing a faulty product.
Exposure to noxious chemicals, such as PFAS or asbestos, can cause serious health problems and even death.
In these cases, the company or parties responsible for exposing individuals to hazardous materials could be held strictly liable for any resulting harm.
For example, if an employee developed lung cancer due to long-term asbestos exposure at their workplace, they may have grounds for a lawsuit against their employer.
Several federal and state standards are established to ensure the safety of workers working around asbestos.
If the employee can prove that their employer blatantly disregarded these regulations, they may be able to receive compensation for damages.
In most cases, employers are strictly liable for their employees’ safety, and violating these regulations could result in a favorable personal injury lawsuit.
Any product that causes harm or injury due to its design, manufacturing, or labeling defects could be subject to a product liability lawsuit.
For example, if a person gets injured while using a blender with faulty blades, they may file a claim against the manufacturer.
The plaintiff must prove that the product defect existed when it left the manufacturer’s control and caused their injury.
In some cases, manufacturers may also be held liable for failing to warn consumers about potential hazards associated with their products.
For instance, if a company knowingly sells a toy that poses choking hazards to young children without adequate warning labels, they could be held responsible for any resulting injuries.
Proving liability in personal injury cases possesses various complexities.
Some challenges you might have to deal with when pursuing a personal injury lawsuit include:
Personal injury lawyers play a crucial and multifaceted role in establishing liability and advocating for their clients throughout the personal injury claims process.
Key responsibilities and contributions of lawyers include:
Personal injury cases might seem like a one-way road, but they involve many twists and turns.
Securing competent legal representation early on can help you maximize your chances of obtaining justice.
At TorHoerman Law, our experienced team of personal injury lawyers is committed to fighting for the rights of injured individuals and holding responsible parties accountable.
Contact us today for a free consultation.
You can also use the chatbot on this page to get a quick case evaluation.
To establish negligence in a personal injury case, plaintiffs must convincingly demonstrate four critical elements.
These elements include:
Successfully proving these elements can lead to compensation for the plaintiff and forms the foundation of the personal injury legal process.
Determining liability in a personal injury claim involves a detailed analysis of facts and evidence related to the incident.
Ways liability is determined include:
Understanding these factors is crucial for accurately determining who is at fault and to what extent they are liable for the damages incurred.
A personal injury lawyer’s role is instrumental in navigating the complexities of liability in personal injury cases.
Roles of a lawyer can include:
With their expertise, personal injury lawyers ensure that all aspects of liability are thoroughly addressed, maximizing the potential for a successful outcome.
Yes, multiple parties can be held liable if their combined actions contributed to the accident.
This includes direct actors like other drivers in a traffic accident, or indirect contributors such as manufacturers in product liability cases.
Identifying all liable parties is crucial as it ensures that all potential sources of compensation are considered, providing a comprehensive approach to obtaining just reparation for the injured party.
Proving liability is pivotal in determining the outcome and compensation in a personal injury claim.
Outcomes can include:
The ability to effectively prove liability not only impacts the immediate financial compensation but also sets a precedent for accountability and deterrence of future negligent behaviors.
Owner & Attorney - TorHoerman Law
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
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TorHoerman Law represents people whose lives have been disrupted by serious injuries, unsafe products, and negligence. Our attorneys handle individual personal injury cases as well as national mass tort lawsuits involving major corporations.
Founded in 2009, our legal team brings more than 100 years of combined experience handling serious injury and complex civil litigation.
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In this case, we were able to successfully recover $20 Million for our client after they suffered a Toxic Tort Injury due to chemical exposure.
In this case, we were able to successfully recover $103.8 Million for our client after they suffered a COX-2 Inhibitors Injury.
In this case, we were able to successfully recover $4 Million for our client after they suffered a Traumatic Brain Injury while at daycare.
In this case, we were able to successfully recover $2.8 Million for our client after they suffered an injury due to a Defective Heart Device.
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
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Child Personal Injury Claims: How Are They Handled?
Mistakes to Avoid in a Personal Injury Claim
What Does Litigation Mean in a Personal Injury Case?
Personal Injury Claim vs Lawsuit: What’s the Difference?
Missouri Personal Injury Statute of Limitations
Illinois Personal Injury Statute of Limitations
How Are Personal Injury Settlements Paid Out?
What is MDL?
Personal Injury Lawsuit Settlement Amounts
Multidistrict Litigation (MDL) vs. Class Action Lawsuits: What’s the Difference?
FAQ: What Does a Personal Injury Lawyer Do?
Personal Injury Examples: Can You File a Claim?
What is a Contingency Fee?
Types of Personal Injury Evidence
FAQ: How Much Does a Personal Injury Lawyer Cost?
An Overview of the Personal Injury Lawsuit Timeline
What to Know About Hiring a Personal Injury Lawyer
FAQ: How is Personal Injury Compensation Calculated?
FAQ: How Long Does a Personal Injury Lawsuit Take?
How To File a Personal Injury Lawsuit
They helped my elderly uncle receive compensation for the loss of his wife who was administered a dangerous drug. He consulted with this firm because of my personal recommendation and was very pleased with the compassion, attention to detail and response he received. Definitely recommend this firm for their 5 star service.
When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.
TorHoerman Law is an awesome firm to represent anyone that has been involved in a case that someone has stated that it's too difficult to win. The entire firm makes you feel like you’re part of the family, Tor, Eric, Jake, Kristie, Chad, Tyler, Kathy and Steven are the best at what they do.
TorHorman Law is awesome
I can’t say enough how grateful I was to have TorHoerman Law help with my case. Jacob Plattenberger is very knowledgeable and an amazing lawyer. Jillian Pileczka was so patient and kind, helping me with questions that would come up. Even making sure my special needs were taken care of for meetings.
TorHoerman Law fights for justice with their hardworking and dedicated staff. Not only do they help their clients achieve positive outcomes, but they are also generous and important pillars of the community with their outreach and local support. Thank you THL!
Hands down one of the greatest group of people I had the pleasure of dealing with!
A very kind and professional staff.
Very positive experience. Would recommend them to anyone.
A very respectful firm.