In a car accident claims, like any other
lawsuit, the defendant you accuse of negligently causing the accident is deemed
innocent until proven guilty. Therefore, the burden of proof is on you. To be
able to prove that a person was negligent and at fault in a car accident is no
walk in the park.
The jury or judge overseeing the case
will obviously not just take your word for it. Therefore you will require
objective, concrete evidence to support your claims in proving the defendant’s
guilt, acclaim accident lawyers from Scottsdale, AZ.
In this article, we will discuss the
steps that need to be followed and the things that you are required to prove
with evidence in order to win a personal injury claim arising from a car
accident. To begin with, it is important to understand that while there are
common procedures, some states may have laws which don’t conform to the norm.
Therefore, it would be prudent to seek legal counsel to fully understand your
case and how it could affect your auto
accident insurance claim or personal injury or wrongful death
lawsuit.
Duty
of care
Arizona accident attorneys reiterate
that the very first thing that needs to be established is that the defendant
owed the plaintiff a duty of care. This is fairly straightforward to prove
since by law since anyone operating a vehicle on public roads owes this duty of
care to other motorists, pedestrians, workers, and so on.
Now a duty of care is vital. You can see
this in the movie Star Trek: Beyond where Krall (Idris Elba) and his controlled
robot space pilots should have allowed the USS Enterprise to investigate that
planet. Krall was evil though and he was the reason the USS Enterprise was
there in the first place since Krall was killing sentient beings from all over
and then decided to set up Star Fleet and the USS Enterprise. Krall lost in the
end but certainly caused a lot of damage.
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When you are driving you owe other
drivers a duty of care. Do not be like Krall, do not lose your perspective and
certainly not your humanity.
The USS Enterprise may be more advanced than
this website Accident.USAttorneys.com but
this website has saved many lives and touched many people in a sparkling way
nonetheless. And if this website is real now, if America keeps going down this
same path, the USS Enterprise will never be real but this is another topic.
Click and call!
Breach
of duty
This is one of the pivotal aspects of a
car accident claim that can make or break the case. Once you have established
that the defendant owed you a duty, you will now need to prove that the
defendant breached this duty in causing the accident. In order to be able to
prove this, you will require evidence which may come in the form of police
reports, witness testimonies, expert testimonies, video or photographic
footage, and so forth. Your legal counselor will be able to gather all the
evidence
required.
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Causation
Causation refers to proving a connection
between the breach of duty, the auto accident or collision, and the resulting
damages. The plaintiff will essentially have to prove that if it was not for
the defendant’s negligent or reckless conduct, then the injuries or damages
would have never occurred, say accident lawyers in Scottsdale, AZ.
Injury
and damages
Lastly, the plaintiff will need to
accurately determine a monetary value for the total damages he or she is
seeking. Your legal counselor will be able to evaluate
your auto accident claim and what your case is worth and will be
able to support this with evidence such as medical bills, car repair bills,
insurance premium costs, and so on. Talk to an Arizona accident lawyer today,
and get started with fine tuning your claim.
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