As an injury victim, the law will generally allow you to recover damages for your injuries if you can prove that they were caused by the fault of someone else. To use legal jargon, someone must be “liable”.

Where nobody is liable for your injuries, you are unlikely to be successful in recovering damages for your injuries no matter how badly hurt you are. After all, why would a court order someone to pay you compensation for injuries they were not responsible for?

For example, if you were hurt in a motor vehicle accident after driving your car through a red light and crashing into another car that was obeying its traffic light, it would be very unlikely you would be successful in advancing a claim for damages against the other driver no matter how badly injured you are.

Liability or fault is not always “all or nothing”. In many situations, it can be split or apportioned in different ways between different parties depending on the degree that each party contributed to the loss suffered.

For example, if you are injured after slipping on a wet floor in a supermarket but you had been running and not wearing proper footwear, you may share some responsibility. Therefore, assuming it is determined by a court that the supermarket is 50% responsible, then you would be entitled to 50% of what your damages would ordinarily be.

The point is there must be some fault on the part of the other party/parties for you to recover for damages.

Every case is different and an experienced personal injury lawyer would be able to assess the potential merit of your claim.

As Winter approaches and roads and sidewalks get icy, make sure to exercise utmost care and caution.

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