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Car accidents can happen anywhere and at any time. Regardless of whether you suffered minor or severe injuries, you may want to pursue compensation. Whether you decide to settle with insurance companies or proceed to a trial, you bear the burden of proof to show that the other party was responsible for the accident, and ultimately, your injuries. For many people, doing this is as easy as pointing an accusing finger at the other party. But as far as compensation is concerned, car accident victims must do better than that.
If you were in a car accident that you wish to pursue compensation for, knowing what you need to make a successful claim is critical. Walking blindly into a legal process is a recipe for failure. Remember, you have a higher responsibility to substantiate your claim. The attorneys at our firm understand best how personal injury claims work, and what you have to prove in a Houston car accident. Most importantly, we have over $10 million worth of compensation to our name, so you don’t have to worry about our attorney’s experience. Call Lone Star Injury Attorneys today to get started.
To successfully recover compensation following a car accident, the injured party must provide evidence showing that the other party was at fault. Generally speaking, someone else must have contributed to the accident for a beneficial outcome to be achieved in a court process or negotiations with insurance companies. As with all other negligence claims, the plaintiff (person filing the case) has a duty to show, pursuant to the preponderance of the evidence, that the accident would not have occurred but for negligence behavior from the other party (defendant).
Essentially, the basic elements of negligence that must be established and applied in a car accident case are:
Each driver in Texas has a legal duty to guarantee the safety of their passengers and other road users. This entails following traffic rules as established by state and federal agencies. While it may seem that this duty is straightforward, you still have to prove it to the jury or judge. As such, your first order of business in a car accident case will be to illustrate that the defendant owed you a legal duty of care. This duty basically requires drivers not to engage in behaviors or actions that would cause harm to others.
This element of negligence closely ties with illustrating the defendant owed you a duty of care. Just because a duty existed doesn’t automatically make you eligible for compensation. You must prove that the duty was violated. Breach of duty in car accidents may occur in different ways, but involves not doing what is reasonable to prevent foreseeable harm from happening. Oftentimes, a breach occurs in ways such as unsafe lane changes, speeding, aggressive driving, drunk driving, distracted driving, improper vehicle maintenance, and inexperienced driver training among others. Expert witnesses may help establish how a crash happened and whether someone may have violated their duty of care towards you.
Besides proving the two earlier-discussed elements, you must show that the defendant’s breach of duty was the direct or proximate cause of the crash as well as the injuries you suffered. To assess the validity of your claim, the court will require evidence showing causation. In this case, you can provide police reports, medical documents, and expert witness testimonials linking your injuries or the harm suffered to the accident. Insurance adjusters are known to shoot down claims against them based on causation. A skilled auto wreck attorney will discover proof that incriminates the other party.
The last element of negligence you must prove in a Houston car accident case is damages. These are the tangible and intangible losses that one suffers following an accident. Economic damages are straightforward in that they have a monetary value attached. They cover lost wages, medical expenses, lost future earnings, rehabilitation costs, and therapy costs among others. Non-economic damages, on the other hand, compensate for physical pain and suffering, diminished quality of life, emotional trauma, loss of consortium, and permanent disability.
An experienced car accident attorney from our firm will be vital in helping you prove your claim following a car accident. Do not take chances with your case when we have all the help you need. We are happy to answer the questions you have about what you need to prove in a Houston car accident case. Please get in touch with us right away.
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