Many individuals misunderstand what the term ‘liability’ means, particularly when it comes to a personal injury claim against another. Indeed, it is not uncommon for the general public to assume responsibility and liability are one and the same; in reality, however, the two are different issues when it comes to Nevada personal injury law.
Burden of Proof
When it comes to the law, the burden of proof is a the obligation of a party to the lawsuit to establish that his or her version of events is accurate and true. In short, the burden of proof is the standard that must be met and the level of evidence that must be brought forth before the jury and/or judge to win the case. While many may have heard of the burden of proof in criminal cases - referred to as beyond a reasonable doubt - there is a distinct burden of proof that applies to civil cases. If you or someone you know has suffered injuries in a Las Vegas accident, it is key to understand what this entails to determine what is necessary to be successful.
The plaintiff in a Nevada personal injury case must prove to the judge and or jury that his or her version of events is more likely than not what actually happened regarding the accident. The defendant, on the other hand, need not prove anything at trial. Instead, he or she can simply convince the judge and or jury that the plaintiff has not met his or her burden of proof.
Liability, in legal terms, is the legal responsibility that one has as a result of his or her acts or omissions. In other words, a person may be liable because of something that he or she did or because of something that he or she failed to do. All members of our society owe certain duties toward others. This includes using reasonable measures to avoid hurting others. When a person fails to use these reasonable measures and to perform common and expected actions that would keep others from harm, he or she may be found legally liable for the resulting injuries.
Keep in mind that liability may not be the same in every specific situation. Doctors, for example, owe a much higher duty of care in specific circumstances than what the general public owes. This is because a medical professional is expected to have more knowledge and expertise than the average person in an emergency or medical situation. Likewise, a physician is expected to use certain procedures that are medically accepted and known in his or her particular field to help a patient or save his or her life.
Las Vegas Personal Injury Attorneys
If you or someone you know has been injured in a Las Vegas accident, the experienced personal injury lawyers at Parry & Pfau can guide you through every step of your claim. We will file a claim against the negligent parties and negotiate with the automobile insurance company on your behalf. We will develop a litigation strategy so that we can maximize your recovery.
(image courtesy of Timon Studler)