After an accident, you will have questions on your eligibility for compensation. No matter how straightforward your case is, collecting damages for injuries and property damages takes more than just claiming you suffered harm. If you choose to go to court, the jury presiding over your case will need to be convinced that you deserve compensation. Even when settling with insurance companies, insurance adjusters will also require proof to support your claim.
Understanding how car accident compensation works in Texas can be complex for an injured person. That’s why you need a qualified Fort Bend County car accident lawyer. Their decades of hands-on experience representing clients like you will likely be the game changer in your case. They know what laws apply where and how. Don’t stress yourself over what you need to prove in a Fort Bend County car accident case. Our Lone Star Injury Attorneys are happy to help build an indisputable case to prove your injury claim.
Negligence in Car Accident Lawsuits
Negligence is the cornerstone on which most personal injury lawsuits are brought forward. This means that someone acted negligent, without concern for other parties, causing them harm in the process. It could also be their failure to prevent foreseeable harm. As with other injury cases, there are things you need to prove in a Fort Bend County car accident case before you are allowed to collect damages.
These elements of negligence are:
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The Defendant Owed You a Legal Duty of Care
Simply put, the duty of care means that someone else is obligated to guarantee your safety as they carry out their activities. This means that the defendant was legally required to ensure that no harm befalls you. For example, drivers are required to adhere to traffic rules regarding speeding, yielding the right of way, among others. Property owners must ensure their premises are free from any hazards that would pose dangers to visitors. Doctors also have an obligation to ensure they meet the minimum standards of care while attending to patients. Generally, you must show how the defendant owed you the duty of care.
The Defendant Breached the Duty of Care
Showing that the defendant owed you a duty of care isn’t enough to get you the compensation you need. There must have been a breach. This is where negligence comes in. To a great extent, the defendant is deemed to have failed in acting reasonably to prevent foreseeable harm from happening. For example, if the driver was speeding in a prohibited area such as a school, and an accident occurs, a breach of care is said to have happened. Similarly, property owners whose premises are unsafe due to wet and cluttered floors, poor lighting, among others, constitute a breach of care.
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The Breach Was the Proximate Cause of Your Injuries
Once it is established that a duty of care existed and it was breached, you must also show the link between the breach and the harm you suffered. Insurance companies will be quick to downplay your claims on the argument that your injuries and losses pre-existed before the accident or were caused by something else.
In a Fort Bend County car accident case, proving causation may require a knowledgeable car accident attorney. With their expertise, you can prove to put them at the center of your injuries. For example, if the other driver was drunk and ran through a red light causing a T-bone accident, you must prove that the drunkenness reduced their judgment, and had they not been drunk, you would not have been injured.
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You Incurred Losses
Perhaps the most common reason injured persons pursue compensation is to recover the losses incurred from an accident. Usually, these damages stem from lost wages, medical expenses, diminished quality of life, lost premiums, wrongful death, and physical pain and suffering. To collect damages for these losses, you must, first of all, prove them. A financial expert can put together your past, present, and future losses to ensure you are fairly compensated.
Talk to an Attorney Regarding What to Do After a Car Accident in Fort Bend County
It’s common for victims of car accidents to be at a crossroads, especially when they don’t know what steps to take. At Lone Star Injury Attorneys, we help our clients prove their Fort Bend County car accident cases by pulling our financial and human resources together. You don’t need to worry about upfront legal fees, we got you covered. Call us today to discuss your case as soon as possible.
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