Motor vehicle accidents are common, and some cause serious injuries to Charles Town residents. When a car crash or collision results in serious losses, victims can struggle to get back on their feet after their incidents. In some cases, litigation based on victims’ personal injuries may help them recover compensation for their accident-related harm.
When pursuing damages after a motor vehicle accident, a legal claim may be based on the legal theory of negligence. Negligence, when proven, can assign liability to a party who then must provide compensation to their victim. This informational post will provide information about the legal claim of negligence but does not provide any legal advice on the subject.
A review of elements
To prove that negligence caused a motor vehicle accident, a victim must be able to show with evidence that there claim meets all the elements required of the theory. Those elements include:
- Duty: The responsible party owed their victim a duty of care.
- Breach: The responsible party breached their duty of care.
- Actual cause: The responsible party caused the victim’s losses.
- Proximate case: The victim’s losses were foreseeable based on the responsible party’s actions.
- Damages: The victim suffered losses due to the actions of the responsible party.
This basic description of negligence must be developed by a victim and their personal injury attorney when they prepare to go to court to litigate the victims claims.
Why victims deserve advocates in court
Recovering from a personal injury accident like a motor vehicle collision can be an incredibly difficult and long process. Depending on the severity of the victim’s injuries, they may be unable to work and support their family for the long stretch of their recovery. No victim should have to fight for their damages on their own while recovering from injuries that were inflicted upon them by a negligent individual. Victims of personal injury accidents can choose to be represented by dedicated personal injury lawyers for their litigation needs.