The 4 Elements Of Car Accident Negligence Claim

Being in a car accident is a traumatic experience especially if there are injuries and severe property damaged involved. The first step on the road to recovery is to visit a healthcare professional immediately. Once you are properly treated for your medical injuries, rather than worrying about how you can afford medical treatment and fixing your car, your next step should be calling a car accident attorney. A dedicated attorney will sit down with you and learn about your case. In order for the attorney to successfully file a claim, he or she will need to put together four elements to prove that the driver who caused your injuries was acting negligently.

Element 1: Establishing Duty 

When anyone gets behind the wheel they have the responsibility to operate their car safely. There is a reason as to why there are traffic laws and drivers are expected to obey all traffic laws. These laws were put in place not for counties to collect money but to ensure the safety of the roads for other drives as well as the property of other drivers.

Element 2:  Breach of Duty 

In order to prove that the driver was being negligent, you must show that the driver breached the aforementioned duty. Were they driving recklessly? Were they driving over the speed limit? Did they run a red light? These will be some questions that your attorney will ask to help establish that the driver should be held responsible for your injuries.

Element 3: Causation 

Even if the driver is proven to have breached duty, the attorney will also have to show how that breach of duty caused your injuries. For example, the only way for you to have a concussion was due to the impact of the car accident and that there is no other logical explanation. Many car accident lawyers have relationships with medical professionals to help show that the accident causes your injuries.

Element 4: Damages 

Most of the time these types of cases are settled with the insurance company before they ever go to court. Your attorney will advocate on your behalf to make sure that you get maximum compensations that will cover lost wages from being injured, future lost wages from injury, medical expenses, property damage, pain and suffering, and loss of life enjoyment.

Please keep in mind that car accidents happen all the time. In order to bring about a successful personal injury claim all of these elements must come together. Sometimes, car accidents happen and there is no breach of duty or the injuries didn’t happen during the time of the accident which can result in insurance fraud. If you feel that you’ve been injured in a car accident due to someone else’s negligence and feel that you have the right to compensation, contact a car accident injury attorney.