Car Accident Elements

Car Accident Injury Elements Law

General theory & requirements in auto accident lawsuit

The legal theory in an auto accident lawsuit is the defendant is negligent. The legal outline for personal injury attorney is to establish negligence and prove all the following:

The defendant had duty being careful.
The defendant has breached that duty.
The defendant’s breach is what caused accident.
You are damaged.

Applying legal requirements to auto accident lawsuits

These requirements of breach, causation, duty, and damage are requirements for all lawsuits that are based on negligence. Here’s how they are applied in auto accident lawsuits:

Duty
Duty of care will arise when anyone gets behind wheel and drives vehicle. A duty will arise when a defendant is responsible for acts of another.

Breach
Duty of care will be breached when driver fails to act reasonably prudent under similar circumstances.

Causation
You need to establish that defendant’s breach of duty is the cause of injuries, meaning that injuries could not have occurred if were not for defendant’s breach.

Damage
Damage from car accident is consist of following: past or future medical bills, past or future pain & suffering, and past & future disability.

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