Get a Dallas Personal Injury Lawyer for Car Accident Compensation
- September 2, 2014
- Car Accidents
Car accidents are rather common events in the Dallas metropolitan area. When a person is injured in a car accident, it is necessary to establish certain points to build a case and get them the compensation that they deserve. Having a Dallas car accident lawyer on your side is the first step toward making this case and getting fair compensation.
In making a case for compensation, a personal injury attorney basically needs to establish four things for the client. These four points are often referred to as duty of care, breach of duty, causation and damages. In this post, we will cover the meanings of these different terms and some of the methods that the team at Guajardo & Marks use to make the case for each point.
Duty of Care
Duty of care is a legal term that means an individual or entity has a legal obligation to adhere to certain standards of care when they engage in an activity that could pose a risk to others. With an auto accident, the driver accepts a legal obligation to drive safely and obey the laws of the road. In regard to a car accident, duty is already proven by the fact that they were operating the vehicle. With duty being well established, we can then move on to proving that the defendant breached that duty.
Breach of Duty
Proving that the defendant breached their duty of care means that you need to prove that they acted in a way that failed to meet a reasonable standard of care. In other words, their actions were not those of a reasonably careful person and in that, they jeopardized the safety of others. A police report can be a good way to establish breach of duty. If the report shows that the defendant was speeding, driving recklessly or driving while intoxicated, that will go a long way toward proving a breach of duty. Other evidence that can be used to demonstrate a breach of duty would include witness testimony, surveillance video and accident reconstruction evidence.
Once breach of duty has been established, we need to go a step further and prove that the actions of the defendant actually caused the injuries. Just because you can prove that they failed to live up to their responsibility as a motorist and that this failure caused an accident, that doesn’t mean that you have shown a causative link between the injury and the car accident. At this point, we must build a link between the car accident and the injuries. This can typically be achieved by using medical records and the testimony of medical professionals.
Car Accident Compensation
Now that all of the previous hurdles have been clear, we reach the point where we must prove the extent of the injuries and the impact that they will have on the claimant’s life. This is the stage where we establish that the claimant is due car accident compensation for damages such as pain and suffering, disability and financial loss. As with proving causation, much of the evidence for damages in regard to an injury will come from medical documentation and testimony.
Making a case for personal injury as the result of a car accident requires a lot of time, effort and resources. This is almost impossible for individuals to do on their own and the need for an attorney is almost certain. Contact a Dallas personal injury lawyer from Guajardo & Marks for a consultation and we can start building the case that will get you the compensation that you deserve.