Legal

Liability

Liability is legal responsibility for causing harm, and establishing it is the first requirement of any injury claim — without it, the extent of the injury does not matter.

Underwriting a funding application starts here. A case with severe injuries but genuinely disputed liability is harder to fund than a modest case where fault is clear.

Liability and damages are separate questions. Proving someone was at fault is not the same as proving what the harm is worth.

Related terms

  • Comparative negligence — Comparative negligence is a rule that reduces an injured person's recovery in proportion to their own share of fault, rather than barring it outright.
  • Contributory negligence — Contributory negligence is a strict fault rule under which an injured person who bears any share of the blame — even 1% — recovers nothing at all.
  • Damages — Damages are the money awarded to compensate for harm, divided into economic damages such as medical bills and lost wages, non-economic damages such as pain and suffering, and in rare cases punitive damages intended to punish.

Need the money rather than the definition?

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