If you have been in a car accident and suffered injuries, you may be wondering if you have a case against whoever caused those injuries and how much you might receive in compensation. If this has been your train of thought, you should know that only cases that are caused by someone else`s negligence are eligible to receive compensation. This means that it was the wrongful or careless way in which someone else acted that caused you to be injured.
Get Legal Representation
The complexity of car accident claims makes them something you don`t want to tackle on your own. Any mistake you make may end up jeopardizing the chances of you getting the fair settlement that you are expecting or any other benefits to which you might be entitled. Clearly, this is not the time to try to be an expert in an area that requires deep knowledge of the law.
What is negligence in this case?
Negligence in personal injury cases is a legal principle. As such, it must contain certain elements that must be proven according to the civil standard of proof. This needs to happen before you can expect to collect compensation.
The four elements of negligence are:
- The person who injured you had a duty of care towards you
- This duty of care was breached
- Due to the breach of the duty of care, an injury was caused
- Proof of damages must be presented
What is the standard of care in personal injury?
This concept refers to the fact that everyone has a duty to carry out ordinary care when performing daily activities. Specifically, in cases where cars are involved, all drivers have a duty to:
- Drive a vehicle that is in proper working condition
- Follow and obey all traffic laws and signals
- Be on the lookout for dangers all around them
If there is an accident despite the driver using ordinary care, they will not be held liable for what happened. In a situation, for example, where the driver loses control of the vehicle because the car`s system malfunctioned even though ordinary care had been applied when maintaining the car and following all traffic laws, there would be no liability attached to any resulting damages. In this case, the liability may fall on the designer or manufacturer of the car or on whoever performed the maintenance services. Once again, it cannot be stressed enough how important it is to work with an experienced car accident lawyer that can guide you towards whoever ends up being responsible for your injuries and prepares a strong legal case against them.
What are some examples of car accidents with negligence?
The standard of care is breached when the way a driver acts falls below what is expected of anyone under the same circumstances. Thus, when someone is speeding, not driving according to the driving conditions, texting, or drinking while driving they have breached the standard of care and their negligent behavior is responsible for the accident.
In this case, your lawyer can ensure the other party or their insurance does not classify your injuries as a preexisting condition in order to deny your claim. Click here to get a better understanding of what you need in order to have a valid claim and what damages you can collect.
__________
Image via Pixabay
