Personal Injury Lawyers Specializing in Your Negligence Injury Case
Accidents happen every day and chances are, you have fallen victim to an accident on more than one occasion during your life. It might be that you didn’t take legal action because you did not suffer any true injuries. But, most likely, you have suffered injury, whether it is physical, emotional, or financial. Don’t sleep on your legal rights; hire an attorney so that you may be compensated for your injury. A lot of injuries are caused by automobile accidents. If you have been injured in an automobile accident, your car accident attorney will most likely file a negligence claim on your behalf.
Prior to filing a complaint on your behalf alleging negligence, your attorney will attempt to reach a settlement with the at fault driver’s insurance company. But, just as you may know yourself, insurance companies do not always cooperate. Rest assured, that your attorney will do everything in his power to ensure your losses are compensated for that resulted from the automobile accident.
If it so happens that a complaint must be filed and a lawsuit pursued, then as discussed earlier, your attorney may draft a complaint based on a negligence claim. The Plaintiff always bears the burden of proof and as such the Plaintiff will have to prove all of the elements of negligence. The elements of negligence are as follows: Duty, Breach, Causation, and Damages.
In the automobile scenario, all drivers owe a duty of care to operate their vehicles according to the laws of their state. Basically, you must operate your vehicle as a reasonable prudent driver, which means you must comply with all traffic regulations. For example, a reasonable prudent driver would stop at a stop sign as the law instructs him to do. Failing to stop at a stop sign could be proof of breach of duty. So now you see how duty and breach works. Next, causation: in a negligence action, the automobile collision must have resulted from the other driver’s behavior and you must have been a foreseeable plaintiff in the accident. If another driver failed to stop at a stop sign and as a result collided with your vehicle, you could say but for the driver failing to stop at the stop sign, a collision would not have resulted. Also, you could argue you were a foreseeable plaintiff because the at fault driver is traveling the road with you, another driver, therefore, you are foreseeable. Lastly, a negligence action requires you prove damages. In order to succeed on a negligence claim, you must prove you suffered some loss. You may seek a damage award for your physical loss, emotional loss, and financial loss.
In a nutshell, I have reviewed how a negligence action would work in an automobile accident scenario. It is important for you to consult an attorney immediately if you have been injured in an automobile accident. The insurance companies will likely offer you less than your medical expenses will cost; let your attorney talk to the insurance companies on your behalf.