When a
person is involved in a car accident and believes that he or she should be
compensated for the damages incurred, apart from an accident insurance claim they may claim
compensation for the damages by filing a personal injury lawsuit.
However,
as per all-star caliber East Haven, CT accident lawyers, once a car accident
lawsuit has been filed, the plaintiff will only receive the damages being
sought only if he or she can prove that the defendant was negligent in causing
the auto accident. This is called burden of proof and the bottom line is that
the burden of proof lies on the shoulders of the plaintiff and his or her legal
pro.
Therefore,
the major question is how a plaintiff must prove the claims within the car accident
lawsuit in order to be awarded compensation. The judge or jury will
understandably require evidence and they cannot just take your word for it.
Duty of care
To
begin with, Connecticut accident attorneys explain that the plaintiff must prove
that the defendant owed the plaintiff a duty. This is called the duty of care
and anyone that operates a motor vehicle on public roads basically owes the
duty of driving responsibly and with consideration for others using the roads.
Therefore, it is quite straightforward to prove that the defendant owed the
plaintiff a duty of care.
Now if
you want to see an example of someone not caring about others on the road we
can look at the Las Vegas scene towards the end of the 2016 Jason Bourne movie.
The Asset (Vincent Cassel) uses a SWAT vehicle to run through about 14 vehicles
knocking them upward and then to side as he literally plows a path forward for
himself. The Asset does not care about others on the road at all.
The Asset
is working for an immoral supervisor in CIA Director Robert Dewey (Tommy Lee
Jones) but that is another topic. The Asset show utter disregard for others on
the road in this unethical pursuit to thwart Jason Bourne from finding out the
truth. That is just not impressive behavior and he certainly did injure many
innocent people in his actions. East Haven, CT accident lawyers do not condone
this type of behavior.
Now
the CIA has the right to have spies and water boarding is a fantastic
innovation for many reasons but lying to innocent young men, tricking them,
having them kill other recruits in the name of training, destroying their
humanity, that is not right.
Breach in duty
Once
the duty of care has been established then the plaintiff will need to prove
with evidence that the defendant did not fulfil his or her duty of care and thus
breached this duty. Proving this part will require evidence which can be in the
form of photographs, videos, expert testimonies, police reports, witness
statements, and so forth.
A regal
legal professional will be able to prove this for you in a tactful and
effective manner and you can find one by pressing right here Accident.USAttorneys.com. Legal help is
right around the virtual corner.
Proving causation
It is
not sufficient to only prove that the defendant breached the duty of care, but
to also show that this breach in the duty of care is what led to or caused
damages to the plaintiff. For the most part, it must be proved that if it
wasn’t for the defendant’s negligence, the injury or property damages, and so
forth would have never occurred, according to East Haven, CT accident lawyers.
Estimating damages
Last
but not least, the plaintiff will also need to specify the amount he or she is
seeking in terms of economic and non-economic damages and will have to justify
how they arrived at this amount with supporting evidence such as medical bills,
repair bills, an account of lost wages (past and future), and so on.
If you
are seriously injured in an auto accident, a
legal representative will be able to accurately determine the value of your
claim and will also be able to prove this during trial. Therefore, we suggest
that you consult a Connecticut accident lawyer ASAP and get started working on
your lawsuit so you can receive every penny you deserve. And in this high tax
environment, every penny matters.
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