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Protect Your Rights:
Know the Facts about the Law of Negligence
Most automobile accident personal injury cases are brought on the
grounds of "negligence." That is:
- the Tortfeasor was negligent (failed to exercise that degree
of care which a reasonable person would exercise under the same
circumstances),
- the Tortfeasor's negligence was the proximate cause of
- the Claimant's (your) injuries.
Your Attorney and Proving Negligence
An attorney must prove the elements of the case to prevail in court.
Likewise, the attorney must convince an adjuster that he can prevail
in court in order to reach a satisfactory settlement.
The Claimant can better assist his own case if he understands what
his attorney is trying to prove. The attorney must prove that the
Tortfeasor was negligent. This is frequently done by showing that
the Tortfeasor violated some statutes of law, such as laws regarding:
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stopping for stop signs, |
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proper following distances, or |
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proper lane travel. |
Your Attorney and Proving Injury
The attorney must also prove the Claimant was in fact injured. This
is usually done through the introduction of medical records and
testimony of treating physicians.
The attorney must prove that the injuries were caused by
the Tortfeasor's negligence. This is often the most difficult element
to prove in a personal injury suit, particularly if the
Claimant had pre-existing medical conditions or prior accidents.
An attorney must often enlist the help of expensive medical experts
to testify to the causal relationship between the accident and the
injuries.
Winning the Case
To win the case for the Claimant, the attorney must prove two major
components:
- Liability: whose fault was the accident?
- Damages: what injuries did the Claimant suffer,
and how did the injuries affect his life?
Liability is established through evidence of the dynamics of the
accident. Witnesses and accident reconstructionists are useful to
establish how the accident happened.
Your Personal Injury Claim and the Law Offices of Steven
D. Weier
If you are the victim of someone else's negligence, you have the
right to file a personal injury claim.
At the Law Offices of Steven D. Weier, we emphasize
handling personal injury cases. As a result, you can rely on
our extensive experience in proving liability
and damages to ensure you receive the settlement you deserve.
To begin the process of filing your personal injury claim, contact
us today.
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