Receiving compensation after a car accident will require a proper legal claim to be filed first. If a person can prove the negligence of the other driver or a third party, they can hold that person responsible for their damages and they can get the monetary compensation they need to recover from the collision.
However, to win a person’s case they must prove certain elements of negligence. They must first prove that the individual in question has a duty of care towards them. For instance, if a person was driving on the main road and they were hit on the side unexpectedly by the other driver the judge will most likely deem that the other driver owed a duty to the victim. After the duty is established, a person must prove there was a breach of duty. This means that a person must prove that the other party broke their duty by failing to follow reasonable care. Like in the above-mentioned incident, the vehicle that crashed was not following proper traffic rules so there was likely a breach of duty.
Thirdly, a person must prove Cause. This means that they must prove that any injuries they suffered were caused by the negligence of the other driver and not by another cause. After this, they must prove proximate cause. Proximate cause entails that the guilty individual should have been able to see how their actions would harm those around them. Lastly, a person must be able to prove that actual damages occurred because of the harm the other individual caused them.
Get in touch with a car accident attorney in Monroe, Louisiana
It can be difficult to try and prove all the elements of negligence on ones’ own. If a person got into an accident with a larger commercial vehicle then it is likely the other party has extraordinarily strong legal defenses put up to prevent them from having to give compensation to the injured person.
Victims of a car accident should reach out to a qualified car accident attorney to get help launching a thorough invitation and to get proper advice on what the legal procedure is that will help them get the compensation they need to pay for all their damages.
Reach out to a car accident attorney at Campbell, House and Company today to discuss the details of one’s accident case and to get the compensation they deserve.
Reach us at:
1815 Roselawn Ave
Monroe, LA 71201
Call Today: (318) 855-0285