While there are many national and local efforts aimed to raise awareness and prevent car accidents from occurring, accidents still happen throughout the United States and in California each day. These accidents result in serious injury or death in many cases. When you or your loved one has been injured in a car accident caused by negligence, you will want to know about your rights to relief. The attorneys at Nehora Law Firm are experienced personal injury litigators who want to help you obtain compensation for damages sustained. For a risk-free initial consultation, contact us today.
Elements of a Successful Personal Injury Claim
In every personal injury case, there are certain requirements that must be met for you to successfully assert your claim. When asserting that another’s negligence caused you or your loved one harm, there are generally four requirements:
Common Accident Causes:
- Duty: Proving duty will establish that the individual being sued was required to act in one way or another. In car accident cases, this will require the injured party to establish that the defendant had an obligation as a motorist to act with a certain level of care toward other motorists traveling on the roadway.
Breach: A plaintiff must also establish that the individual being sued failed to provide the required level of care. All of the evidence regarding the facts and circumstances that caused the accident is typically used to show that there was a breach in this duty.
- Causation: To successfully establish causation, the plaintiff must show that the defendant’s failure to act with the required level of care was a direct cause of his or her injuries. This element can be established through the use of medical testimony, history of medical care, and other relevant testimony.
- Damages: After establishing all of the other elements of a negligence claim, the plaintiff will establish that he or she is entitled to relief as a result of the injuries sustained. In car accident cases, the plaintiff usually seeks an award of monetary compensation. Generally, monetary relief is awarded for out-of-pocket expenses such as medical bills and a replacement vehicle, as well as for the mental and emotional harm sustained as a result of the accident. In particularly reckless cases, punitive damages, which are solely meant to punish the defendant, will be awarded.
While asserting these claims may generally result in success, there are several defenses to negligence that may be raised by a defendant. This is one of the many reasons why you will want experienced counsel on your side to ensure your claim has merit.
To determine if you have a right to compensation after an injury, speak with an Orange County accident lawyer. For your convenience, our firm represents individuals throughout California. By choosing Nehora Law Firm, you and your loved ones can rest assured that you will be receiving the quality representation you deserve.