Car accidents are
something that can strike anyone at any time. Even if you drive safe, keep a
lookout and adhere to all the traffic laws, there is still no guarantee that
you will never be involved in a car accident. This is why it is wise to be
familiar with laws pertaining to Texas auto accidents in general. Auto accident
laws are extensive so it is best to consult a San Antonio, TX accident lawyer
for assistance if you are involved in a car accident.
The Damages Add Up
In addition, the victim
of a car accident may possibly suffer from a variety of inflictions or damages
that can be classified as both economic damages and non-economic damages.
Medical bills, repairs, loss of pay, and loss of ability to earn are all
examples of economic damages. Damages such as loss of enjoyment of life,
disfigurement, and loss of companionship are classified as non-economic
damages. Victims have the right to be compensated for these damages especially
when what transpired was not their fault at all.
Filing a Personal Injury\Property Damage Lawsuit after a Car
Accident
To claim these damages,
the best course of action to take would be to consult a Texas accident attorney
right away. Your lawyer will go ahead and file a civil lawsuit on your behalf
and will name the perpetrator of the accident or his/her auto insurers as
defendants liable to pay or compensate for your damages.
For the most part, auto
accident law is vast and even though you may be familiar with some of the
basics, there are still a several other legal factors that come into play. The
accident lawyer will not only file the lawsuit for you but will also gather
evidence, and make your argument in court.
How to win your car accident lawsuit?
When you accuse someone
of causing an accident and say that they are responsible for paying you for
your damages, the burden of proof lies on you. Therefore, even though you are
the victim in the case, it is upon you to prove that the other party was
negligent in causing the accident.
In order to prove this
there are four legal steps that need to be established which your San Antonio,
TX accident lawyer will be glad to explain to you. Some of the best in the
business can be found right here: http://accident.usattorneys.com/texas/.
First, it must be shown
that the defendant owed the plaintiff a duty. This is fairly simple, anyone
operating on public roads owes the duty to drive safely and be considerate of
others on the roads.
The most important
thing that needs to be proved, according to Texas accident lawyers, is that the
defendant breached this duty. This is the pivotal and tricky bit of the case
where you will need to prove that the defendant acted/drove in a manner which
breached the duty they owed the plaintiff. To prove this, evidence such as
witness statements and police reports can be used.
Thirdly, it then needs
to be shown that this beach in duty caused the plaintiff injuries. Finally, an
estimation of the damages needs to be provided with supporting documentation.
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