Reasons Why You Might Have an Injury Liability Claim in a Car Wreck
It’s virtually inevitable that some unfortunate day, most of us will probably be involved in a car accident. But how can we tell whether or not we have a successful personal injury case against a negligent driver who should reimburse us for our injuries? Most of the time, a car accident victim has a legal right to collect money for injuries by proving the four elements of an accident claim in court. Because all defendants are innocent until proven guilty, the burden to you, the injured plaintiff, is to prove you are owed these damages by the defendants in any insurance claim or civil lawsuit. And all the defendants must do is deny your claim and tell you to “prove it.” Then, if your evidence isn’t strong enough to do that, they win and you don’t collect.
There are four elements to proving injuries against a defendant. You must clearly and in succession, demonstrate each of your charges is true. They are duty, breach, causation, and damages. Below is a brief discussion of each of these four elements. They should give you a clearer idea of what it will take to prove that you’re entitled to be compensated for your injuries.
Defendants Owe You a Duty of Care
You begin by clearly establishing the duty of care that was owed to you by the defendant because we are all required to exercise an acceptable level of caution to ensure that we do not harm others. Texas Civil Law establishes the various standards that surround the duty of care which a person or organization […]