Las Vegas Auto Accident Injury Claims
In personal injury claims arising from car accidents, there are a few ways to show that a driver was negligent, and proof of such negligence can help strengthen your claim if you find it difficult to collect damages from the insurance company of the other driver. Since intentional acts by the defendant are not required in claiming compensation for personal injuries, most car accident injury claims are based on negligence. No person intends to get into a motor vehicle accident and harm one’s own self or another person, but the law requires the more negligent party to compensate for the losses of the less negligent party.
In car accident lawsuits, most jurisdictions require four legal elements to be present in order to prove the other party’s negligence.
Duty of Care - The plaintiff or the injured party has to prove that the defendant or the sued party owed the plaintiff a duty of care. When it comes to the law of the road, all drivers owe other people the duty to obey every traffic rule and to drive safely.
Breach of Duty – The plaintiff needs to demonstrate that the other party breached the duty of care. Failure of the other party to obey traffic sign is considered a breach of duty of care. In some cases where proving breach of duty is difficult, car accident reconstruction experts are required.
Causation – The plaintiff has to prove that the breach of duty on the part of the defendant actually caused the plaintiff’s injuries. Failure of the plaintiff to prove causation can make the defendant not liable for the injuries. Often, the heavily disputed element of a car accident claim is causation. It’s very common for defendants to argue that they did not cause the injuries of the plaintiff.
Damages – The plaintiff must prove that losses have been incurred as a result of the injuries, for which the plaintiff claims to have been owed restitution. The plaintiff’s losses, whether monetary losses or non-economic losses, must have monetary value or must be put into monetary amounts. While monetary losses can be easily calculated, placing value on non-economic losses such as pain and suffering and emotional distress can be quite complex.
Proving negligence in a personal injury claim can be difficult. A car accident claim does not require the legal representation of a personal injury attorney, but many unrepresented injured victims obtained unfairly low amounts of compensation, or did not obtain compensation at all due to their failure to prove the defendants’ negligence. Insurance companies are known to keep payouts at minimum or even deny compensation as much as they can. If they see an opportunity to deny a claim, they would use all their resources to avoid paying.
If you’re considering making a personal injury claim against an insurance company that typically has a team of defense lawyers, you need the legal representation of an experienced car accident attorney to help you prove negligence on the part of the insurance company’s client and to obtain a fair amount of compensation for your losses.
In personal injury claims arising from car accidents, there are a few ways to show that a driver was negligent, and proof of such negligence can help strengthen your claim if you find it difficult to collect damages from the insurance company of the other driver. Since intentional acts by the defendant are not required in claiming compensation for personal injuries, most car accident injury claims are based on negligence. No person intends to get into a motor vehicle accident and harm one’s own self or another person, but the law requires the more negligent party to compensate for the losses of the less negligent party.
In car accident lawsuits, most jurisdictions require four legal elements to be present in order to prove the other party’s negligence.
Duty of Care - The plaintiff or the injured party has to prove that the defendant or the sued party owed the plaintiff a duty of care. When it comes to the law of the road, all drivers owe other people the duty to obey every traffic rule and to drive safely.
Breach of Duty – The plaintiff needs to demonstrate that the other party breached the duty of care. Failure of the other party to obey traffic sign is considered a breach of duty of care. In some cases where proving breach of duty is difficult, car accident reconstruction experts are required.
Causation – The plaintiff has to prove that the breach of duty on the part of the defendant actually caused the plaintiff’s injuries. Failure of the plaintiff to prove causation can make the defendant not liable for the injuries. Often, the heavily disputed element of a car accident claim is causation. It’s very common for defendants to argue that they did not cause the injuries of the plaintiff.
Damages – The plaintiff must prove that losses have been incurred as a result of the injuries, for which the plaintiff claims to have been owed restitution. The plaintiff’s losses, whether monetary losses or non-economic losses, must have monetary value or must be put into monetary amounts. While monetary losses can be easily calculated, placing value on non-economic losses such as pain and suffering and emotional distress can be quite complex.
Proving negligence in a personal injury claim can be difficult. A car accident claim does not require the legal representation of a personal injury attorney, but many unrepresented injured victims obtained unfairly low amounts of compensation, or did not obtain compensation at all due to their failure to prove the defendants’ negligence. Insurance companies are known to keep payouts at minimum or even deny compensation as much as they can. If they see an opportunity to deny a claim, they would use all their resources to avoid paying.
If you’re considering making a personal injury claim against an insurance company that typically has a team of defense lawyers, you need the legal representation of an experienced car accident attorney to help you prove negligence on the part of the insurance company’s client and to obtain a fair amount of compensation for your losses.