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How to Prove That You Have Legitimate Claims of Negligence Against the Other Driver

How do we know whether or not we have a successful personal injury case against a negligent driver-defendant who should reimburse us for our injuries? All true accident victims are successful in collecting damages by proving the four elements of a car accident claim. Since you will be the one asking for compensation, the burden to you, the injured plaintiff, is to prove you are owed these damages by the defendant(s) whose only legal obligation is to deny your claim.

There are four elements to proving injuries against a defendant in any personal injury case. You must clearly – and sequentially – demonstrate your charges are true. They are first: duty, then breach, followed by causation, and finally damages. A brief overview of each is below: More on this website

Duty: All defendants owe you a duty of care to exercise an appropriate level of caution to ensure that you would not get hurt. Texas Civil Codes and Procedures set the level of duty that a person or organization owes to another depending on the circumstances of the situation that are considered, within the relationship of the parties involved at the time. Proving that the defendant owed you at least some duty of care will probably be fairly uncomplicated since nearly all drivers owe each other the general duty to drive reasonably in order to keep others safe. Unless there are unusual circumstances, and there are a few, the chances are that a general “reasonable person standard” applies to the defendant (or defendants) in your case.

Breach: In the vast majority of personal injury cases, plaintiffs and their attorneys need to clearly show that the defendant drove in a way that a reasonable person would not have driven. If the defendant in your case drives unreasonably only for the moments immediately leading up to your car wreck, he can be held responsible for the consequences of his negligent actions that caused you harm. Successfully proving that the defendant breached his duty of care is done when you and your attorney present evidence to remove any doubt that what the defendant did (or failed to reasonably do) caused the car wreck. The jurors in your case will consider your charges of the breach along with additional evidence that clearly illustrates the defendant’s actions (and malicious intent if it was present). Then during their deliberations, they rule the defendant behaved either reasonably or unreasonably. Offenses such as speeding, recklessness, driving at night without headlights, running through red lights, driving while intoxicated, and more can constitute a breach of the defendant’s duty of care, even if they may not have been legally charged for these offenses in criminal court.

Causation: You must now demonstrate that the defendant breached his duty of care through negligence. But simply showing that this person might have been negligent isn’t always enough to win. Because in his attempts to deny causation, a defendant will often argue “unforeseeable circumstances” such as other drivers, pedestrians, or even you, caused the wreck instead. This is the last resort for an accident defendant to wiggle out of liability for your injuries. So expect them to swing from the floor and claim anything from a homeless person stepping in their way and forcing them to hit your vehicle, to their toddler throwing a bottle of apple juice at the driver. Maybe it happened, maybe it didn’t. But how do you disprove the defense? So you and your auto accident injury lawyer must thwart their excuses, or the happy defendant is able to evade liability and their compensatory obligation. It’s terribly important to have sufficient evidence to prove any defense that is thrown at you and nail down the defendant’s conduct that seriously injured you or your family member.

Damages: It’s now time to establish the amount of money you are entitled to collect from the defendant and hand him the bill. The term “damages” is the sum total of an injured victim’s financial losses; the actual amount of money they must recover in an insurance claim or civil lawsuit.

Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto accident case, call our Law Firm now for a free consultation and find out how we can help you.

Neck Injuries

You usually notice when a car is following too closely behind you. It probably makes you nervous. If traffic ahead of you suddenly stops or a child unexpectedly darts out into the road, a negligent driver behind you will likely crash directly into your vehicle and suddenly you’re the victim of a neck injury. Neck injuries are one of the most common types of car accident injuries, usually resulting from a rear-end crash.

Although most car accident injuries require expensive treatments, neck injuries from a car accident that results in whiplash can be especially costly and take a long time to heal.

Come talk to one of our car accident lawyers if you’ve been injured in a crash. Call us toll-free or email us.

Common Neck Injuries

The neck is composed of bones, joints, tissues, and nerves that all work together to support the head. Although the soft tissue of the neck may be the only area that sustains damage, the damage may affect a variety of muscles throughout the body, as well as the spinal cord. More on this website

When there is a break in the cervical cord, a neck fracture results. The type and extent of the break depend on the position of the head upon impact and the angle at which the impact occurs.

A neck sprain may occur when the neck twists as the result of the sudden impact of a car accident. A neck sprain is usually the result of ligament damage. Ligaments are blocks of tissue that hold bones together.

Neck Injuries Affecting The Spine

Neck injuries are also related to spinal cord injuries. Spinal cord injuries can be caused by whiplash which damages joints or disks, which result in spinal cord irritation. A spinal cord injury can result in permanent disability, paralysis and can even be fatal.

Neck Injuries And Whiplash

Whiplash can best be envisioned by someone cracking a whip. When a car is unexpectedly smashed from behind, such as in a rear-end collision, the impact can cause the neck to suddenly snap forward and backward. These unnatural movements stretch the neck muscles and ligaments well beyond their normal range of motion.

Although whiplash may heal on its own after a few months, many times whiplash results in chronic pain that can last for years, which can require expensive treatment or rehabilitation.

Whiplash can also continue to persist for many years after an accident without any known cause.

Treatment Options
There are a variety of treatments for neck injuries. Treatment for a neck fracture depends on an individual’s age, current health and whether there is any spinal damage. A neck brace may be required to stabilize the neck.

Neck sprains can be treated by placing ice on the affected area and getting plenty of rest. Anti-inflammatory medication may also be prescribed.

The type of treatment given immediately after a spinal cord injury often depends on the long-term effects.

Whiplash is normally treated with over-the-counter medications and applying ice to the affected neck muscles. Prescription medications and physical therapy are other options.

Treatment for any sort of neck injury is often expensive. If a neck injury from a car accident was caused by a driver’s negligence, financial compensation may be available to the victim.

Our car accident lawyers are ready to help you when you’ve been injured in an accident. Call toll-free today or email us.

This blog was posted by Ford and Laurel Attorneys Laredo, Texas

What Can I Tell My Personal Injury Lawyer?

When people first visit or speak to a personal injury lawyer, they often have a lot of questions they want to be answered. One common question involves exactly what their attorney is allowed to reveal regarding privacy. If you talk to your attorney, what does your attorney have to keep private, and what can he or she reveal to others?

All of these questions hinge on the idea of attorney-client confidentiality. This idea is one of the most basic concepts running throughout the modern legal system and is something that everyone should know about before talking to a lawyer.

Attorney-Client Confidentiality

The basic idea of attorney–client confidentiality is this; when someone talks to an attorney for legal advice, the attorney cannot reveal the statements that person makes to the attorney without that person’s permission. Not even a court can order an attorney to reveal this information, and by withholding it, the attorney does not violate the law. In fact, because attorneys must be licensed by the state to practice law, they have a legal obligation to keep client information confidential.

Confidentiality Requirements

In order for someone to have confidential conversations with an attorney, several factors must be present. First, the person you talk to has to be a licensed lawyer. Second, the communication can only be between yourself and your attorney, not other people. Third, confidentiality only exists if you are actually a client of the attorney, or spoke to the attorney in an attempt to become a client. Fourth, you can only engage in confidential discussions if you are seeking legal advice, and not if you are trying to commit a criminal act. Finally, if you and your attorney engage in confidential discussions, only you have the ability to decide if your lawyer is allowed to reveal the confidential information.

Practical Confidentiality

In practical terms, attorney-client confidentiality simply means that your lawyer has a legal obligation to keep private what you discuss in private. If you decide to go to court or sue someone, much of what you say will likely become open to discovery. This means that the other side will likely be able to find out exactly what the facts are in the case. In practical terms, this means that almost everything that happens in a personal injury case will become public knowledge, or at least become known to each side in the lawsuit process.

Further, it’s important to realize that not every conversation you have with your lawyer will be confidential. For example, if you and your attorney have a discussion in a public place where others can overhear you, that discussion is not confidential.

Getting Confidential Advice

If you ever have a question about attorney–client privilege and the issue of confidential discussions, you should bring those questions up to your lawyer. You always need to be confident that your personal injury attorney is doing everything he or she can to help you. Maintaining privileged conversations is part of that relationship.

If you or someone you know is the victim of a personal injury and are seeking the advice of an attorney, be sure to contact a reputable personal injury attorney in your area immediately.