When an accident occurs, someone could probably have been at fault. When the negligence of another party results in foreseeable harm, or a crash, you have the right to pursue compensation for your losses. The first avenue many victims use is settling with insurance companies. This means dealing with the other party’s company. But in case they are not insured, you may bring a claim against your insurance company. The other option is filing a case in court.
Although many auto wreck cases are resolved with insurance companies, some go to trial. An appointed jury is tasked with deciding your case based on the evidence and legal arguments made in court. Unlike settling with insurance companies, going to court requires much more work and legal knowledge. You must understand what is expected of you to make a successful case. Unfortunately, knowing what you have to prove in a car accident case in Missouri City is not something you learn in a day. Instead, you need a qualified and seasoned car accident attorney.
The legal concept surrounding the burden of proof in any given case refers to providing indisputable evidence and proof to back your claim. For example, with criminal lawsuits, prosecutors have to prove beyond any reasonable doubt that the defendant was at fault. This concept is popular in car accident cases where someone is killed. A state prosecutor initiates criminal charges against the party deemed to have contributed to the accident.
In a civil lawsuit, the burden of proof centers on a preponderance of the evidence. What this means is that your attorney must show that it was more likely than not that the defendant was negligent in the moments leading to the auto wreck. In this case, the degree of the fault must be 51% or more so even if you were partially to blame, you are still likely to recover compensation. A knowledgeable attorney is essential in proving your Missouri City car accident case based on this preponderance.
The major issue that comes into play when you prove a car accident case in Missouri City is negligence. It’s up to you as the plaintiff to convince the jury that the defendant’s careless behavior resulted in the accident that caused your injuries. Hiring a skilled auto wreck attorney helps with developing strong points and building an indisputable based on the four basic elements of negligence which are:
The first element of negligence seeks to establish the existence of a duty of care. All drivers and players in the transport industry have a duty to ensure the safety of their passengers, motorists, and other road users. This duty requires them to follow set traffic rules which are meant to prevent foreseeable harm from happening.
Prove a breach of duty in a car accident case entails showing that the defendant behaved in a way an average person would not have in similar circumstances. The point is, that the defendant was aware of foreseeable harm, but failed to take necessary precautions to prevent it from happening. For example, when a motorist speeds in a restricted area such as a school, they are already aware of the likelihood of causing harm to children. A breach of duty in auto wrecks normally occurs when traffic laws are flouted.
Also referred to as cause-in-fact, requires you to prove that the defendant’s actions or inactions caused your injuries. While causation may be straightforward, pitfalls await you around every corner. For instance, insurance companies through their adjusters may downplay your injuries as non-existent or even claim they existed before the crash. It is crucial to seek prompt medical evaluation and document your treatment process to help prove causation.
Damages in a car accident case refer to the economic and non-economic losses someone suffers. As the plaintiff, you must prove the damages you incurred before you can be compensated. Lost wages, medical expenses, physical pain and suffering, as well as loss of consortium are common damages in car accident cases.
If you were in a car crash in Texas, Lone Star Injury Attorneys is here for you. We pride ourselves in representing personal injury victims and helping them recover the compensation they deserve for their losses. Call us today to learn more about what you have to prove in a car accident case in Missouri City.