Personal Injury Lawyer in Montgomery County – An Overview of Personal Injury Lawsuits
A personal injury lawsuit results when a person’s actions cause an injury to someone else. One of the first steps in any lawsuit is determining who caused the accident. Who bears fault is the person who you must sue in court if you can’t settle the case first.
Personal Injury Elements
A personal injury lawyer in Montgomery County, will conduct an investigation into the circumstances of the accident and identify the at-fault party or parties. Once the parties are identified, you collect insurance information. At that point, you can involve the insurance companies who will conduct their investigation and determine liability. In the event the parties/insurance companies cannot agree, a lawsuit might result.
Negligence
Negligence is the primary legal theory under which a personal injury lawsuit is litigated. Negligence essentially assigns blame and therefore the obligation to pay compensation for inflicted injuries. Below are five essential elements to establish a negligence case.
Duty
Duty refers to the legal standard of care that all people owe one another. For a plaintiff to succeed, they must prove that the defendant owed them a duty to behave reasonably. For example, all drivers owe other motorists a duty to drive responsibly.
Breach
Next, the plaintiff must establish that the defendant breached that duty. A breach occurs when the defendants fail to act by that duty, for example, if a driver speeds or uses a cell phone while operating a vehicle.
Causation
Once the plaintiff establishes that a breach occurred, she must prove that the defendant’s actions resulted in the accident. For example, if a driver rear-ends your vehicle, that driver is at fault for the accident.
Damages
Finally, the plaintiff must prove that she suffered some harm due to the defendant’s actions. These injuries must be measurable, for example, lost wages, medical bills, or pain and suffering.
Alternative Methods to Prove Fault
Alternative fault theories include strict liability, intentional conduct, and negligence per se.
Issues in Proving Fault
Each of these elements may appear straightforward however connecting facts to the necessary laws is complicated. A personal injury lawyer in Montgomery County can help you conduct an investigation, interview parties, collect evidence, and consult with experts. A lawyer can synthesize your evidence into a cohesive narrative to improve your chances of recovering just compensation.
Alfred Abel Law Offices
A personal injury lawyer at Alfred Abel Law Offices in Montgomery County can provide you with skiled legal representation, and ensure all your rights are protected. Contact our offices today to get started on your case!