Personal injury lawsuits and vicarious liability

On Behalf of | Nov 2, 2017 | Personal Injury Law

The damages suffered in a car accident can be quite extensive. A victim may be subjected to physical pain and suffering, and the emotional toll taken can be quite significant. Additionally, a victim can be left with financial losses that can leave him or her on unsteady financial footing. These losses can include medical expenses and lost wages. Taken together, these damages can be overwhelming for a victim and difficult to overcome.

Although a personal injury lawsuit may succeed in imposing liability and recovering compensation, far too often defendants are unable to pay for all of the damage they have caused. In these instances, victims are left holding the bag. This is why it is critically important to identify any and all parties who may be responsible for the accident in question. By doing this, a victim may be able to reach deeper pockets.

Under the legal theory of vicarious liability, for example, an employer can be held liable for the negligent acts of his or her employees. In order for vicarious liability to apply, though, certain factors must be shown. For example, a plaintiff must prove that the accident occurred while the employee was on the clock performing his or her job duties.

It is also necessary to show that the employer was receiving some sort of benefit from the work being done at the time of the accident. However, if these factors can be shown, then a victim may be able to recover compensation from the employer and the employee, thereby increasing the chances that he or she will be able to recoup all of his or her losses.

Of course, there are defenses to vicarious liability claims. Chief amongst them is that the employee was acting outside the scope of his or her employment at the time of the injurious accident. Therefore, when pursuing one of these claims it is important to have as much evidence as possible to support one’s claim. A skilled legal professional may be able to not only gather that evidence, but also use it in a way that is convincing to a judge and jury.


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