Reasons Why You Might Have an Injury Liability Claim in an Auto Wreck
Causation of Defendant Breach of Duty
Once you have proven duty and the defendant’s breach, it’s time to demonstrate that the defendant breached the duty of care through negligence or some other tort. Simply showing that this person might have been negligent isn’t enough to win your charges that the defendant is responsible for your car wreck. When a defendant denies causation, often he will argue “unforeseeable circumstances” such as other drivers, pedestrians, or even countercharge that your actions caused the wreck. This is the last opportunity for an accident defendant to avoid being held liable for her injuries. So expect them to claim anything from a child who ran in front of their vehicle and forced him to hit yours, to their toddler threw a bottle of apple juice at them while they were driving, to a claim that he saw a UFO or Elvis driving down the street (really, it’s happened). Maybe their claims are true; maybe they aren’t. But how do you disprove them? It’s up to you and your lawyer to expose the defendant. Otherwise, he wins because your level of proof isn’t strong enough to convince the jury that he or she negligently breached their duty and wiggles out of being held liable for your damages. This is why it’s important to have sufficient evidence to prove any defense thrown at you and that the defendant’s inappropriate conduct caused you harm. The best way to have the evidence you need comes from the ability of your car accident lawyer to properly investigate all aspects of your auto accident and find the proof that locks down the defendant. More on this website
Proving Damages is the Home Stretch in Winning Car Wreck Damages
After you have successfully proven the negligent defendant caused the breach of the duty of care he owed you while he was behind the wheel of his auto, which hit you, you’re heading into the home stretch. One more step and you’ve successfully made a strong case in your civil damage lawsuit.It’s time to prove the number of damages the defendant (or defendants) owes you. The term “damages” isn’t limited to your injuries and the bills that must be paid. It’s a broader legal term that refers to the monetary value of your physical and fiscal injuries (the total sum of money) you hope to recover from the defendant after you’ve won your case. Damages might also include physical pain and suffering, psychological scars arising from your injury, lost wages as a result of your inability to work, loss of future income if your injury leads to any form of disability, and course, the repair, or replacement bills, to your auto and any items of worth that were also destroyed in the wreck. In addition, if the plaintiffs are the surviving family members of one who was killed in the car wreck, then wrongful death damages are involved as well, such as funeral expenses, the pain and suffering experienced by the family due to the loss of that loved one, and the future income that family member would have earned.
For any questions, feel free to call the Carabin Shaw Law Firm in San Antonio
To prove what you’re entitled to collect, you and your car wreck attorney must properly calculate exactly what you’re owed and provide evidence of the extent of your injuries and losses to support your monetary claim. Damage amounts are typically the most contentious portion of a car wreck injury case. Defendants calculate how much they think they owe accident victims just in case the jury finds they were responsible. They usually retort that they owe you much less than the amount you claim. They also might accuse you of “asking for a handout” or claim your requested amount is excessive relative to traditional payouts in similar cases. They also might claim your lawsuit is frivolous and – based on your damage amount – request immediate dismissal, citing excessive damage requests. So you must clearly show the jury that your requested damage amount is realistic and proportional to the actual harm the defendant has done to you and any of your vehicle’s passengers at the time of the accident. Claiming your damages are unreasonable is usually the last gasp for the defense. So you must finish your case strongly by presenting clear evidence that illustrates your losses and corroborates the proper amount of your damages. Determining full damage amounts is as important as the other three burdens of proof since you have only one chance to receive fair compensatory damages from any single negligent defendant. Since you’re in the home stretch of your case, computing every single loss is now most important: and can be challenging unless you have an experienced car wreck attorney like those with our Law Office, who know the value of personal injury losses and how to calculate them effectively. How do you put a price tag on an intangible loss, such as pain and suffering, or that of your child? In calculating loss of earning capacity, how do you account for hypothetical raises and promotions you would have earned had you continued to work, gotten a promotion, or been hired away by another company with a hefty raise in salary? How can you calculate the value of your medical bills if your treatment is not yet complete and your doctor can’t tell how long it will last? An experienced auto wreck injury attorney knows how to account for and calculate every one of your damages and make certain that you will recover as much as reasonably possible for your injuries and other financial losses from the car wreck.