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Posted in Videos on August 12, 2016   |  by Gary Burger

How Badly Were You Injured and Who's Responsible?

Gary: Hi, I’m Gary Burger of Burger Law. This is my mom, Joan Burger.

Joan: Hello. How are you today? We would like to talk a little bit about what your case is about when you come to us, if you’ve been injured in any way, either at a hospital, with a doctor, on a roadway, on a bicycle, walking, wherever you’ve been injured. So, your case involves two issues. First of all, was someone else at fault for what happened to you and how you got injured? And the second issue is how much you were injured, so we call that liability. Is the other party liable, another landowner, another driver, a doctor, a hospital? Are they liable for your injuries? And we would first examine that when you come in to our office. The second aspect of a case is how badly were you damaged, and those are the two areas that we as plaintiffs’ lawyers have to put before a jury, and first before a defendant or a defendant’s insurance company, and then when they fail to respond before a jury.

Gary: And a lot of times, the way we talk about that trial is, what rules did the defendant violate? Were they driving too fast? Were they drunk? Did they go through a red light? Did the landowner have a hole in his yard and never take care of it for 20 years and new people were walking there? Did the doctor not look before he cut or didn’t do appropriate tests that medical articles 20 years ago said you were supposed to do? And if you’re a rule violator, if you break the safety rules that are supposed to protect our society by which we drive on roads everyday or get medical care everyday, then you’re responsible for the harm that it costs, and the harm that it costs is damages, and that’s the second part that Judge Burger was talking about, and it’s important in a jury trial to resolve a civil dispute that the harm be fully compensated, not 75% compensated but fully compensated, and that’s one of the other things that we work hard in our cases is not only to prove the case and win the case, which we expect to do in every case, but make sure that we communicate all the damages so that our clients are fully compensated. Now, there are some cases where there are weaknesses on one side on those two issues. Have you encountered that?

Joan: Oh yes, very frequently. Sometimes you’re fighting on both fronts, both to prove the other person was at fault and to prove that the medical attention that you needed as a result was caused by that occurrence, but sometimes the liability is very clear. A clear example: You’re rear-ended by someone; that other driver is responsible. Period. And then the only place that we have put all our burden, all of our work is on proving that the doctors’ bills, the hospital bills are all due to that accident. That’s the damages part.

Gary: Yup. So, that’s a little bit about liability and damages. It can be on a lot of different kinds of cases, and we’re asked to try those cases, so if you ever need help with personal injury case or other types of litigation, look on our website at

Joan: Call us at 314-542- 2222.

Gary: Or email us or message us or visit us. We’re happy to help. Thanks.