In a civil claim for damages such as a personal injury claim or a wrongful death claim following an accident, you must clearly and convincingly prove 4 essential elements of your case. After you file a claim for compensation, a pre-trial period of “discovery” follows. During this pre-trial phase of your case, you and the defendant to your claim must exchange information about the strengths and weaknesses of your cases and the evidence you each have to support your version of things.
If your evidence on the 4 essential elements is strong enough to convince the other side that they would lose at trial, they’ll offer you a financial settlement for your claim. Your strong evidence would show them that the lengthy and expensive litigation process would gain them nothing, The value of the settlement offer in relation to the actual value of your claim will directly reflect the strength of your evidence. So you should retain the services of a smart and experienced Pasadena accident attorney to secure the evidence you’ll need to prevail. The 4 essential elements for which you need proof are listed below.
1. A duty of care. You must prove that the defendant had a legal duty to take reasonable care to ensure your safety and prevent harm to you. This duty could be as simple as the duties to drive safely and obey traffic laws. (You might see already how many people violate these duties on a daily basis.)
2. Breach of that duty. You must prove that the defendant violated his or her duty of care in some way. Maybe he ran a red light. Maybe he was speeding. You may know that he was speeding AND he ran a red light before he hit your car in the intersection. But do you know how to PROVE it? That’s the key. An experienced Pasadena accident attorney will know how to obtain the proof you need. At Denena Points, PC, we’ve gathered the necessary proof to win claims like this for over a decade. We know how to help you.
3. Proximate causation. You must prove that the defendant’s violation of his duty of care was the actual cause of the accident and your injuries.
4. Actual damages. Finally, you must prove that you have actual damages from the defendant’s breach of his duty of care. Your actual damages might be injuries, a loved one lost to the accident, or even property damage to your vehicle. Your damages, unfortunately, might include all of these things and more.
When you need to prove your side of an accident case, call on our Pasadena car accident lawyers for help. We know how to prove these 4 elements clearly and convincingly to:
* Defendants,
* Insurance companies,
* Juries, and
* Judges.
Our Pasadena car accident lawyers have been successfully proving accident claims for our unjustly injured clients for more than 12 years. We’ve helped inured victims obtain just compensation from those whose negligence caused their harm. So let us help you. It’s what we do. Call us. Your case evaluation consultation with a Pasadena car accident lawyer is free. At the same time, that consultation might be invaluable to your future.