Numerous car accident claims are centred on the legal theory of neglectfulness. Although you may have a general understanding of what negligence means, you’ll have to prove four specific elements when arguing that the at-fault party owes you compensation in a Car Accident Injury Claim. The Grand Junction car accident attorney can help you fight for justice. In this blog, You get to know the major elements of negligent car accident claims, helping you understand them in a better way. The elements are as follows.
- Breach of Duty
Element 1:Driver owing you a duty of care
A duty is a legal obligation that we owe to someone else: for example, the driver, basically the one who operates the car, is expected to drive the car owing you assurance carefully. It is known as showing care for others. Following traffic rules is mandatory for every driver. The driver can’t go against the law by breaking the rules by reckless driving, maintaining a certain speed while driving, and driving without alcohol, drugs, and smoking. Need to follow the traffic rules like a zebra crossing, not overtaking highways. As drivers, they also need to consider whether the vehicle they will be operating should be better for safety purposes.
Element 2: Breach of the duty care
The next step after it is established is that the driver owes you a duty of care. Is the driver driving appropriately without the consumption of alcohol?
Is he driving responsibly? Or is he texting and on-call while driving while the car is in motion?
Element 3: The breach of duty that causes your injuries.
In this element, the one thing that must be satisfied is causation. In other words, you must show the main reason you are injured is the driver’s negligence while driving. The disputes can arise when a claim seeks compensation for the aggravation of a pre-existing injury. The insurance company will also try telling you by convincing you smartly like the accident was not significant enough to injure you. In such cases having medical documentation is very important and comes in handy when trapped in incidents like this.
Element 4: Damages suffered from the accident
An accident might leave you shocked and something unbelievable. But whenever claiming compensation from the insurance companies, the victim should make sure that the injuries are verifiable and have a significant financial loss. Otherwise, your claim could be a total failure for proving yourself in the final element of a successful negligence claim. The compensation you are eligible to receive is known as “damages” Several common damages like loss of a person, money and bills, pain and suffering, car damages, etc. It is impossible to walk away from harm, even in a minor accident.
Over here in this blog, you get to know the major elements that can be neglected while claiming insurance in a law firm and how it will help you make mistakes, saving you in the future.