So, you've been wronged by someone else and you want them to take responsibility for their actions.

The most common use of the term "legal liability" is in the insurance context. Time and time again, the insured will hear their adjusters or agents say "we're not legally liable to pay for the damages." In essence, they're saying they don't have to pay for the damage so they wont.

Take for example our case of K.H. and T.R. who were going on a family vacation. They did everything that they were supposed to. One week before their road trip, they took the minivan in for an oil change and tire inspection.

Oil change ... check.

Tire inspection ... well there's an issue

The mechanic had a problem rotating the tires due to customized rims on the vehicle. The mechanic asked K.H. to bring his minivan back in a few days later because he would be able to deal with the lugnut to access the tire. When K.H. took the vehicle back in he learned that the mechanic was able to rotate the tires, but was unable to put the lugnut on the back right passenger tire. The mechanic told the family everything was okay. And later that weekend they went on their road trip. 

About half-way to the destination, they heard some rumbling near the back right passenger tire. They stopped and got gas, but as they were getting back onto the freeway, the rumbling started again and the back right rear tire came off at about the same time they were reaching 55MPH. After what felt like forever, the minivan came to a stop and the passengers suffered minor injures from the jolting of the van. 

There they were 4 hours away from home and they called their mechanic, who had just worked on the minivan. He told them "we're not legally liable to pay for any of the damages." Which meant, they weren't going to pay for a hotel room for the night, for a rental car to get back home, for their minivan to get fixed. The mechanic and his company went on to explain to K.H. and his family that they were only responsible for rotating the tires and checking the oil and nothing else. 

And that's where we came in. We had to convince the mechanic, his insurer, and his insurance lawyer, that he was legally liable for all of the damages that the family sustained. And that the family was entitled to any insurance benefits as a result of the "legal liability." 

"Legal Liability" is finding the wrongful party at fault, but most importantly getting access to insurance proceeds and/or other compensation from the at fault party. If you've been injured through no fault of your own and you need help establishing legal liability feel free to contact our Personal Injury Team for a free Telephone Strategy Session at 740.346.2899. 

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