For the most part, in
any personal injury case the burden of proof lies with the plaintiff. According
to Portland, OR accident lawyers, and there is no one better in this field than
The Law Office of Douglas Green (www.douglasgreenattorney.com/),
since the plaintiff brings allegations against the driver, he/she has the duty
to prove that the allegations are true.
In civil lawsuits proof
is established through ‘preponderance of evidence’, unlike in criminal cases
where the prosecutor must prove ‘guilt without reasonable doubt’. Therefore,
proving guilt or liability is simpler in civil cases. OJ Simpson knows all
about that!
The plaintiff in a
civil lawsuit against a driver must prove four elements to establish
negligence. This includes:
1) The driver had a
duty of care towards the plaintiff.
2) There was a breach
in the duty of care.
3) The defendant’s
negligent behavior directly caused for the injury.
4) The plaintiff
suffered injuries and is therefore entitled to claim compensation for the auto accident.
Duty of Care
According to accident
attorneys in Oregon, and the best in this domain is The Law Office of Douglas
Green since they are not afraid to get their hands dirty and do what it takes
to put their client in the best legal light, ‘duty of care’ means that
plaintiffs must prove that the other driver had the responsibility to exercise
caution in regard to the plaintiff’s safety. According to the law every driver
must drive carefully to avoid injuring others.
Therefore, duty of care
can be easily proved. What the jury looks for is whether or not the car driver
acted reasonably under the circumstances.
Breach of Duty
Once ‘duty of care’ has
been established the plaintiff must prove that the car driver did not act in a
manner that other reasonable drivers would have acted while operating a vehicle
under similar circumstances, and cause a breach of duty.
Outstanding accident lawyers in
Portland, OR, and the best law firm in this state is The Law Office of
Douglas Green based on their track record and ability to win cases in a variety
of ways, explain that breach of duty can be established by obtaining the police
report which details the circumstances of the accident such as if the driver
was drunk or was driving recklessly or speeding and so on. Witnesses can
corroborate the plaintiff’s version and photographs taken from the car accident
scene can be presented to explain how the car accident transpired.
Now in the movie The
Finest Hours you saw the crew, led by the chief engineer Ray Sybert (Casey
Affleck), purposely run their ship into land. Now this is not something you
ever want to do with your car unless you are in an extreme situation like this.
If you are not, then it will be your fault but in this case, this crew had half
a ship in a major storm and they could only control the ship for so long. There
best bet to save the ship was to crash it into land so they could hopefully be
rescued which they were.
Do not cheat yourself like the NBA cheated the 2000 Portland Trailblazers when they played the Lakers. Hire a Portland, OR accident lawyer today! And the best in the region work for The Law Office of DouglasGreen. |
This ship had to strike
landfall which was not reckless, it was survival and fortitude.
Establishing Causation
The plaintiff must also
prove that there is a clear link between his or her injuries and the
defendant’s actions. It is also important to show that had it not been for the
driver’s negligent actions the plaintiff would not have suffered the injuries.
Proving Injury and getting Damages
In order to file a
successful car accident claim or personal injury lawsuit the plaintiff also has
to provide claim evidence of the extent of injuries. This is done by showing
photographic proof, medical bills, medical records and via testimonials by
medical practitioners who treated the plaintiff. The plaintiff has to prove
that the amount of damages claimed is justified through the evidence.
Employment records, payrolls, and tax returns can be presented to prove any
economic loss the plaintiff has suffered.
If you are injured in an auto accident it would be prudent to seek help from an experienced
Oregon accident lawyer as soon as possible or else you may lose vital evidence
that could establish negligence. This is where The Law Office of Douglas Green
should step into your life. They know how to start and finish cases and they
have won thousands and thousands of dollars for past clients.
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