After suffering injuries and other damages as the result of a car accident, you undoubtedly want to find out whether you could seek compensation since the incident was no fault of yours. In many cases, victims of car accidents can file personal injury claims against drivers considered responsible for the injury-causing events.
While you may believe that filing a legal claim is your ticket to receiving the monetary restitution you deserve, you may want to remember that these cases can take time and a considerable amount of effort on your part. After all, you will need to prove the necessary elements of a negligence claim.
What must you prove?
When it comes to legal claims regarding negligence, the plaintiffs must prove four elements, including the following:
- You must prove that the other party owed you a legal duty of care. In the case of a car accident, the other driver has a duty to operate his or her vehicle in a safe manner and with a certain level of care.
- You must then prove that the other driver breached that duty. This breach may occur when a driver does or does not do something that a reasonably prudent person would or would not do.
- You must also prove the third element of causation, meaning that the other driver's negligence directly caused your injuries. However, you may also need to prove that the person could have reasonably come to the conclusion that his or her actions could cause an injury and that it was not a random and unpredictable outcome.
- The final element to prove relates to damages. You will need to prove that you have suffered compensable damages for which the court could award recompense, such as medical bills.
Meeting these elements may seem difficult, but information and details from the accident and the aftermath could provide you with evidence to support your claims. As a result, it is wise to keep records of the incident, obtain police reports, keep up with medical expenses and document any other details relating to the incident, even if they seem insignificant. A Louisiana personal injury attorney could help you go over your evidence, assist you in gathering more evidence and determine whether you have reason to move forward with a legal claim.
You may feel intimidated by the idea of taking legal action against someone else, but following this route may allow you to fight for the compensation you deserve.