How Your Car Injury Lawyer Makes the Case 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? 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
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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. 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 Defendant Violated Their Responsibility to Care
The core element of breach of responsibility to care is normally disputed and tricky to establish in some car crush 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. 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 part of your attorney’s heavy workload in court will be to prove a cause-and-effect link between the motorist’s negligent acts and the injuries that the victim sustained. 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. 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 invoices may be utilized to prove the financial loss.
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.