Victims who are injured in a car accident caused by the negligence, carelessness, or wrongful act of another have the right to pursue a recovery of their damages. By filing a personal injury claim with the help of a Houston car accident lawyer from the Daspit Law Firm, victims can work toward holding the at-fault party responsible and financially liable for the damages they suffered.
Victims Have the “Burden of Proof” When Filing a Claim
Victims who file a personal injury claim will have what is called the burden of proof. This means that they must prove that another party’s actions – whether it is a negligent driver, a negligent company, or an entity of some sort – more likely than not caused their accident and damages. In order to prove this, several legal elements must be established:
- A legal duty existed – All motorists are legally obligated to drive safely and take reasonable measures to keep others safe. This constitutes a legal duty. Auto part manufacturers have a duty to ensure that their products are safe. Bus companies, truck companies, and other entities also have certain legal duties to ensure that others do not experience preventable harm.
- The legal duty was breached – A breach of duty occurs whenever an individual or entity fails to uphold their legal duty. For example, drivers may fail to uphold their duty when they drive negligently. Truck companies may breach a legal duty by committing safety violations.
- The breach of duty caused an accident – As a result of a party's failure to uphold their duty, they more likely than not caused what would have otherwise been a preventable accident.
- A victim suffered damages – A victim suffers physical, emotional, and/or financial damages as a direct result of the incident.
By clearly establishing these elements – and by supporting them with evidence – victims will have a chance to state the extent of their damages. Compensation will differ from case to case, but can include, among other damages:
- Medical treatment and costs of any future medical care
- Lost income caused by an inability to work or by decreased earning potential
- Pain, suffering, and other emotional injuries
- Any applicable damages resulting directly from the accident
Need Help with Your Claim? Contact the Daspit Law Firm.
Proving liability is one of the most essential parts of the personal injury claim process. Having worked on many different types of car accident claims – as both a plaintiffs' attorney and insurance defense lawyer – John Daspit knows precisely how to prove liability and recover the compensation injured victims deserve. If you would like to learn more about proving liability, complete a free case evaluation form or call our Houston personal injury lawyers at (713) 364-0915.