Tuesday, July 19, 2016

Injured in a car accident? Here’s what you should know about personal injury claims…..

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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