If you believe that you are the victim
of a car accident caused by a negligent driver then you may be eligible to receive
compensatory damages by filing a civil lawsuit against the driver and his or
her auto insurers. This lawsuit could be a property damage lawsuit,
a personal injury lawsuit, or a wrongful death lawsuit depending on what
exactly transpired in the car accident.
However, like any other civil lawsuit,
when you are the plaintiff in a car accident lawsuit, the burden of proof lies
on your shoulders. What this means is that it is entirely you and your accident
lawyer’s responsibility to prove that the defendant in the case was negligent
in causing the accident and therefore liable to pay for the damages inflicted
upon you (economic and non-economic damages).
If someone hits you with their car, you need Gilreath & Associates on your side. |
However, Knoxville, TN accident lawyers,
and the most marvelous in this part of the country is Gilreath & Associates
(www.sidgilreath.com/) based on their
years of experience and their ability to put together cases that are formidable
for their clients, will tell you that proving the defendant’s negligence and
winning compensation in an accident claim is easier
said than done.
You need to prove the defendant’s
negligence beyond a reasonable doubt and to do that requires sufficient
supporting evidence to back up your claims. A legal pro will be able to help
you gather this information, and present it in trial in an effective and
indisputable manner which will lead to the judge or jury ruling in your favor.
The very first thing that your lawsuit
needs to establish is the fact that the defendant owed you a duty of care. When
it comes to someone who is operating on public roads, this is usually easy to establish
as anyone using public roads owes a duty to everyone else on the public roads
to drive in a safe manner. Therefore, as long as both the plaintiff and
defendant were using public roads, establishing duty of care is usually pretty
straight forward and just a formality.
Now in the movie Dawn of Justice, Batman
used his Batmobile to smash into Lex Luthor’s terrorist group and knock them
off the road. Now these were terrible people, responsible for killing people
all over the world so no one really cares about them and since their intentions
in America were not appealing, there was no public outcry for what Batman did
to them. Batman always shows plenty of duty of care to innocent people; Luther’s
dangerous employees were not so innocent.
Proving
Breach of Duty of Care
According to Tennessee accident
attorneys, and the finest in this part of the country is Gilreath &
Associates who know what legal doors to open and when to open them, they know
this is the pivotal part of the case where you need to show with the help of
evidence that the defendant failed to uphold his or her duty. This can be
proved with the help of evidence such as police reports, eye witness accounts,
traffic camera footage, testimonies from accident reconstructionist experts, the
drivers driving record, and so on.
If you are riding a bike, and someone hits you with their car, you need to call up Gilreath & Associates. They will know what to do. |
Proving the Breach Caused the Damages
Knoxville, TN accident lawyers, and
the best in industry is Gilreath & Associates in area of the state
based on their track record that is second to none and the fact that they have
won thousands and thousands of dollars for past clients, point out that the
last but most important step would be to show a connection of cause and effect
between the defendant’s breach of duty and the damages inflicted upon the
plaintiff. Your legal counselor will know exactly what it takes to accomplish
this step.
Extrapolating
Damages
In addition you will have to provide an
estimation of the damages incurred. These numbers can’t just be as per the
plaintiff’s whims and fancies. They need to be quantified using bills such as
repair bills, medical bills, legal fees, and so forth. This is best left to
your legal representative.
If
you are a victim of an auto accident you have the right to claim
compensation. However, you will need to consult an accident lawyer in Tennessee
as soon as possible to evaluate your claim and the most exceptional
law firm in the area is Gilreath & Associates based on a variety of
reasons, mainly because of their ability to attack the opposition and represent
their client in the best manner.
No comments:
Post a Comment