How an Auto Accident Attorney Proves Your Claims in Court
Should another motorist hit your car or yourself in case moving on foot, you may require them to pay for sustained severe injuries if you think they’re to blame. Yet, what do you do when the motorist and their insurer reject liability for your predicament? Your personal injury attorney has no other choice but to go to court if the party you deem liable for your injuries won’t pay you what you deserve.
Below are four basic elements of your personal injury case that your lawyer will need to prove to be true to make the case for negligence and liability on the part of the other motorist:
The Accused Owed the Victim Legal Duty of Care
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Your attorney must start by showing to the court that the accused driver had a legally-acknowledged duty to behave in specific manner toward the claimant. Although that preposition is usually forcefully challenged in other personal injury lawsuits, for example faulty product and slip and fall, it’s not typically litigated in car crush cases. That’s true because it’s universally accepted that any car driver bears a legal responsibility to other road users (pedestrians included) to act and drive their car in way that’s reasonable and careful.
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The Motorist Breached Their Obligation to Care
The basic principle of breach of duty of care is usually contested and difficult to prove in certain car accident cases. Your attorney can establish the preposition to be true by showing that the accused acted in an unreasonable and negligent way at the time of the accident. A hypothetical driver that’s behaving carefully and reasonably would not speed, be drunk, or text while driving; so if the person you’re suing did any such things, it’s possible that they violated their legal duty of care.
The Motorist’s Violation Caused the Plaintiff’s Injuries
An important component of your lawyer’s job in court shall be to show a causal-effect relationship between the driver’s reckless acts and the injuries the claimant suffered. The attorney will try to make the case that, had the motorist not acted the way they did, the victim would not have sustained their current injuries.
The Victim Sustained Compensable Injuries
The final move in any personal injury litigation is to prove the real injuries that the claimant suffered out of the motorist’s negligence. As per this preposition, the claimant’s attorney must provide evidence or testimony to the court establishing the degree and nature of the injuries. Medical bills may be used to show the financial cost.
It’s not easy to establish fault in court on the part of the defendant, especially if they’re challenging it–so, let a car accident attorney provide help.