In the majority of car accidents, one party is at fault for the crash. That person is responsible for all the losses any victims in the crash suffered. The process for victims to be compensated is through either a car accident claim or a personal injury lawsuit.
At Wiseman Bray PLLC, we have decades fighting to get all accident victims the compensation they deserve. Our Memphis personal injury lawyers understand that even when it is obvious who is at fault for the crash, insurance companies will often still try to deny or reduce the amount of the damages they are willing to pay the victim. When you retain the services of one of our attorneys, he or she will work diligently to get you all the damages you are entitled to.
What Proof Is Needed to Prove Negligence?
In order to prove a driver was negligent and therefore responsible for the victim’s damages, there are four elements that a personal injury lawyer in Memphis needs to prove. These elements include:
Duty of Care: When a driver obtains their driver’s license, they accept a duty of care to other people on the road. By accepting the license, the driver agrees they will operate their vehicle in the safest manner possible, obey all traffic laws, and any other precautions to protect others.
Some of these duty of care agreements include:
· Driving within the posted speed limit
· Not to engage in distracted driving behaviors
· Stopping at stop signs and red lights
· Using turn signals
· Yielding to others when necessary
Breach of That Duty of Care: A personal injury lawyer must prove that the alleged at-fault driver did breach that duty of care, either by not obeying traffic laws or engaging in some other type of dangerous behavior.
Causation: The next element of a car accident claim is that the breach of duty the at-fault driver engaged in caused the accident that resulted in the victim being injured.
Damages: In order to collect damages for the injuries, the victim must have suffered actual losses. These losses can include:
· Current and future medical expenses. This includes the cost of emergency care, hospital stays, doctor visits, surgeries, physical therapy, medication, and medical devices. Victims are also entitled to transportation costs for the expenses to get back and forth for medical treatment.
· Loss of income and benefits. This includes not only the lost wages while the victim recovers, but also future income if the injuries have left the victim permanently disabled and unable to perform the duties their profession requires.
· Pain and suffering
· Emotional anguish
· Permanent disability
· Loss of companionship
· Loss of the ability to enjoy life
How Can Wiseman Bray PLLC Help?
If you have been injured in a car accident, you need a skilled personal injury lawyer advocating for you against the insurance company whose goal is only to pay you the least possible amount possible or to deny your claim completely. Our Memphis personal injury lawyer will fight to make sure you get the compensation you deserve. Contact our firm today to set up free and confidential case evaluation.