Do I Have Grounds for a Car Accident Claim?
Grounds for a Car Accident Claim
There are many different factors that go into determining whether or not a person has grounds to file a claim after a car accident. For most personal injury car accident claims, the injured person, the plaintiff, has to be able to prove that they were in fact injured and that their injuries are the direct result of the defendant’s negligent driving.
Grounds for Car Accident Claims
Even accidents that are similar, each have their own specific and unique nuances. And even though many states have similar laws about what the grounds for a car accident claim are, each state has its own unique set of laws that pertains to accidents that happen in that state. Because of this, there is no one blanket explanation to whether or not a person has grounds for a car accident claim. A lawyer that is licensed to defend the rights of injured people in the state where the car accident took place is a good person to ask for help in determining whether or not you have grounds for a car accident claim.
In very general terms, most states require that the plaintiff, often with the help of a lawyer, needs to prove that they were in fact injured and/or they did in fact sustain damage to their property. While this can be tricky to prove it is usually easier to prove than the other requirements. One thing that can be difficult to prove once it has been proven that the plaintiff was injured and/or had their property damaged, is that these things are the direct result of the defendant’s or defendants’ negligence.
Negligence Claims
While many states have some to many differences for the requirements for a car accident claim, in general, a negligence claim need to show that the law required that the defendant to be reasonably careful. This is somewhat of a given in car accident claims because the law states that drivers need to be careful about their passengers, pedestrians, people in other vehicles, or anyone else they meet on the road- even if they are doing something illegal or dangerous.
Breach of Care
When a defendant in a car accident was not careful, it is considered a breach of the driver’s duty to be careful. A “breach” is a violation of the duty of care the negligent driver had.
The law around a breaching of the duty of care typically asks, how would a reasonable, prudent person have behaved in the same or similar circumstances.
Losses and Injury
In most car accident claims, the plaintiff must be able to prove that they suffered losses and/or that their injury caused them financial hardship and things such pain and suffering. In the horrific event someone is filing a car accident wrongful death claim because they lost a family member to an accident caused by a negligent driver or other problem on the road, the surviving family members involved in the suit will likely have to prove similar things.
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