How to Successfully Pursue an Injury Claim
Automobile collisions are at times simply unavoidable. We often blame the collision on simple misfortune or bad luck, but more likely than not the collision and the ensuing injuries to driver and passengers are generally someone’s fault. And when somebody else is to blame for your collision, don’t you think the responsible party should pay for your hospital bills, missed work, or other resulting complications? A wide, often complex section of the law exists that addresses injuries caused by collisions and seeks to identify who is to blame.
This article provides you with detailed information about legal principles and situations that cover most collision claims and lawsuits, which includes concepts of legal responsibility in personal injury cases, time limitations for filing a lawsuit, principles of financial compensation, and other legal elements related to negligence and legal damages. Our law firm can assist you from the actions you need to take immediately after any type of collision to how your personal injury attorney can secure a fair settlement.
Establishing Who’s At Fault
From a minor car smash-up in the street to a slip and fall on a slippery floor, if somebody is injured in a mishap, another person or legal entity is often to blame. Through the years, the legal system has developed a system for establishing legal responsibility in accidents.
A claim that seeks to show fault for an injury is called a negligence case, and it’s submitted by the injured party (or claimant) against whomever is believed to be in the wrong (the responsible party or defendant). If a negligence case is to succeed, the claimant’s personal injury attorney has to prove that the following legal elements of negligence occurred:
Duty: The responsible party or tortfeasor was responsible for performing a duty of care;
Breach of Duty: The responsible party or tortfeasor did not fulfill this duty of care;
Causation: Were it not for the responsible party or tortfeasor party’s breach of duty, the claimant would never have sustained injuries and the accused party’s breach resulted in the claimant’s injury;
Legal Damages: The claimant has genuinely sustained injuries and experienced legal damages.
The laws that pertain to these factors are often complex, and the truth can be hard to prove. Consequently, the failure or success of negligence lawsuits rests on the particular facts, circumstances and evidence of the collision.
In a successful negligence case, the claimant is typically awarded a certain amount of compensation for losses related to the injury(s). The precise amount of compensation is mostly dependent on the legal damages sustained by the claimant, which includes hospital and medical costs, loss of income or wages, loss of household services, loss of enjoyment of life, loss of future earnings capacity, loss of consortium and in some cases punitive damages. Much like the results of a negligence lawsuit, the compensation that the claimant may be legally entitled to will be variable and are governed by the facts, circumstances and evidence related to the collision and the applicable laws in the area where the suit is filed.
The Need For a Personal Injury Attorney
Sapien Law LLC is interested in assisting you with your significant injury case resulting from the negligence of another person or entity. Please do not hesitate to contact our law firm at (505) 842-5979 to complete a brief telephonic intake and schedule a free consultation.