Personal Injury Attorneys Seguin – How To Build A Winning Case
Seguin Personal Injury Lawyers
The Process of Winning Accident Injury Compensation and How to Build a Winning Case
With hundreds of thousands of vehicle accidents happening every year, it’s a certainty that eventually you or a family member will be involved in one. But how do we know whether or not we have a successful personal injury case against a defendant who should reimburse us for our injuries and other legal damages? Most of the time, an accident victim has a legal right to collect money for his injuries by proving the four elements of a car accident claim in court. Since 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 who only have to deny and disprove your claim. More about car Accident Attorneys here:
There are four elements to proving injuries against a defendant and you must clearly demonstrate your charges are accurate. They are duty, breach, causation, and damages. Below, we’ll briefly discuss each of these four elements so that you will have a better idea of what it will take to prove that you’re entitled to be compensated for your injuries by a negligent driver.
In order to have a successful Seguin car accident claim, you, the plaintiff, must show that the defendant owed you a specific duty of care. Duty of care is defined by whether a reasonable person, under the same circumstances, could have anticipated that their action or inaction would have caused injury to another person. And all people have a legal duty to avoid causing injury to another person. Sometimes a duty of care is pretty clear-cut. The generally accepted example of duty behind the wheel is this: At a red light, you must stop because a reasonable person in the same circumstances would be able to see that not stopping at the red light could cause an injury to the driver who has the right-of-way. But, other times, the duty of care can be more difficult to define because it can depend on the accident’s mitigating circumstances and the injury.
The next step is to prove that the defendant actually breached the duty of care he or she owed you. You have to clearly show that the defendant acted unreasonably and didn’t adequately perform his duty as a driver. To prove that the defendant breached the duty of care, you must have clear evidence to show exactly what the other driver did or did not do to cause the accident. A jury will examine this evidence and the other facts in the Seguin personal Injury case to decide whether the defendant’s actions were reasonable (or not) under the circumstances. Some examples of behavior that might be considered unreasonable include driving while under the influence of alcohol or drugs, rolling through stop signs, improper lookout (the driver didn’t look for your car and went through an intersection or carelessly changed lanes on a freeway, or driving without headlights in the dark, just to name a few. Of course, all of these examples are dependent on the circumstances surrounding the incident. If you can prove that the other driver acted unreasonably under the circumstances, then you have shown the jury that the defendant clearly breached his duty of care and acted negligently.
Once you show that the defendant breached the duty of care to you, you must next show causation. This means that you have to prove that the breach by the defendant was the cause of the vehicle accident that produced your injuries. Many times, in order to avoid liability for your injuries, the defendant will try to shift the responsibility of the accident to someone else. They may try to blame another driver who forced them to react, which led to the mishap, or a pedestrian, or even you in order to get out of paying for your injuries. They might claim “unforeseeable circumstances” such as a homeless person stepping in their path and forcing them to hit you, to their toddler throwing a bottle of apple juice at them which caused the accident. Maybe it happened, maybe it didn’t. If the defendant can convince the jury that a third party’s unforeseen actions caused the car accident, he might not have to compensate you for your injuries. To prove causation, you must show evidence that clearly proves the person responsible for the accident and your injuries is the one who is actually liable for legal damages.
Once you’ve proven the negligent defendant caused the breach of the duty of care he owed you while he was behind the wheel of his auto and then hit you, it’s time to demonstrate how much you are entitled to collect from the defendant for your legal damages and hand him the bill in court. “Damages” is the legal term that describes the amount the defendant owes you for your injuries. You will need to prove to the jury that the injuries the defendant caused have a specific dollar value and that you have calculated them reasonably. In order to establish the damages you sustained, you have to show the court evidence of your losses as a result of the injuries caused by the defendant.
Put our years of experience to work for you. If you want to know your rights, how to proceed with your claim, and how much compensation you can secure from your Seguin auto accident case, call our Law Firm now for a free consultation and find out how we can help you.