How a Car Accident Lawyer Validates Your Argument 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. But what happens if the motorist and their insurer deny responsibility for your injuries? Your personal injury lawyer is left with the option of suing in court when the party you consider at fault for your injuries refuses to pay you a fair amount.
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
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Your attorney should begin by demonstrating to the court that the driver in question bore a legally-recognized responsibility to act in a certain way pertaining to the plaintiff. 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 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 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 lawyer may show the preposition to be accurate by indicating that the motorist acted in an unreasonable and careless way when the accident took place. Any hypothetical motorist that’s acting carefully and reasonably won’t speed, be intoxicated, or text when driving; so if the accused driver committed any such acts, chances are that they breached their legal duty of care.
The Motorist’s Violation Caused the Plaintiff’s Injuries
A critical aspect of your attorney’s courtroom advocacy will be to demonstrate a causal-effect affair between the injuries the plaintiff sustained and the reckless acts of the accused. The attorney will strive to prove that the plaintiff would not have incurred their current injuries had the driver not behaved in the manner they did.
The Complainant Suffered 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. This principle requires the plaintiff’s attorney to supply to the court evidence or even testimony demonstrating the extent and type 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.