If a defendant in a personal injury case admits liability, one might think that would be the end of the case, with victory handed to plaintiff.
But that’s only really part of the story. In fact, a defendant may admit liability and the case could still very well go to trial. The reason is because proving fault is only half of what must be proven in an ordinary negligence case. By no means is it an indication that you will receive any compensation.
That’s because there are four elements in most injury cases that must proven. Those elements are:
A defendant who concedes liability is admitting he owed plaintiff a duty of care and breached that duty. But he is not conceding that his actions caused plaintiff’s asserted injuries or that those injuries resulted in damages.
The element of causation can refer to either the cause of the accident or the cause of the injury. if a defendant admits liability for the accident, he is only admitting he caused the accident. He is not, however, admitting the accident caused your injuries.