How a Car Accident Lawyer Validates Your Argument in Court
If a motorist crushes into your car, or hits you while on foot, you’ll need them to compensate you for serious injuries if you consider them to be at fault. But what are your options should the driver and their insurer reject your claim for compensation? 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 Motorist Owed the Claimant Legal Duty of Care
A Simple Plan: Lawyers
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. While that preposition may be aggressively contested in court in personal injury cases such as defective product and slip and fall, it’s almost straightforward in auto accident cases. That’s so because it’s commonly acknowledged that each motorist bears a legal obligation to fellow road users (pedestrians included) to conduct themselves and drive their car, levelheadedly and carefully.
What Has Changed Recently With Lawyers?
The Driver Violated Their Duty of 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 lawyer will be trying to argue that, were it not for the said motorist’s specific actions, their client would not have suffered the said injuries.
The Claimant Sustained Compensable Injuries
The end game in a personal injury court case is to demonstrate the actual injuries that the victim sustained due to the defendant’s negligence. According to the preposition, the victim’s lawyer should give to the court proof or testimony determining the severity and kind of the injuries. Medical bills may be used to show the financial cost.
It’s very complicated to demonstrate liability before court on the part of the accused motorist, specifically when they’re disputing it–so, get help from an auto accident attorney.