A Fort Worth car accident lawyer may explain the basic elements that you have to prove in order to successfully recover in your car accident case. Most cases are based on the legal theory of negligence.
This legal theory has four basic elements:
- Breach of duty
- Causation linking the breach to the injury sustained
Your Fort Worth car accident lawyer may discuss these elements one by one in a more thorough manner.
Every driver has a duty to drive carefully as a condition of having a driver’s license. This requirement even applies to children drivers. Duty can also arise when there is a special relationship between two parties. For example, an employer may be legally responsible for the acts of his or her employees. Individuals may also be responsible when entrusting a vehicle to someone else.
A breach of duty occurs when a person did not act in the same manner as a reasonably prudent person would have acted under similar circumstances.
It is not enough to show that you were injured. Instead, you must show that the defendant’s actions directly and proximately caused your injuries. This means that you would not have sustained an injury but for the defendant’s actions or lack of actions. Damage Damages are not usually too difficult to demonstrate in car accident cases. This is because damages can occur when a person is injured, has pain and suffering or misses work to tend to his or her medical treatment. Many car accident cases result in these types of injuries that the victim can receive compensation for.
If you would like more information on these basic elements, contact a Fort Worth personal injury attorney from the Law Office of Bryan P. Hoeller.