How a Car Accident Lawyer Validates Your Argument in Court
In case another car hits your vehicle or yourself if a pedestrian on foot, you’ll ask them to reimburse you for any severe injuries if you hold them liable. Yet, what do you do when the motorist and their insurer reject liability for your predicament? There’s no other option for your personal injury attorney than file a lawsuit when the person you consider liable for your injuries refuses to pay the figure 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 Defendant Owed the Injured Legal Responsibility
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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. 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 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.
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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 will prove the preposition to be correct by demonstrating that the driver behaved in an unreasonable and reckless way when the accident happened. 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 Victim’s Injuries Resulted From the Motorist’s Breach
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 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 end game in a personal injury court case is to demonstrate the actual injuries that the victim sustained due to the defendant’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.