The Four Elements of Winning a Car Accident Lawsuit
To successfully pursue a lawsuit regarding a car accident that you were injured in, you will need to understand the legal theory that underlines negligence. The goal of you and your Jacksonville personal injury lawyer will be to prove that the defendant, or the person who was responsible for the accident, was negligent and therefore liable for your damages. To establish negligence in any civil lawsuit, you must prove the following four points:
- The defendant had a duty to be cautious and aware at that time;
- The defendant failed, or breached, that duty;
- The accident was a result of the defendant’s failure; and
- You suffered damages.
How Does This Apply to Car Accidents?
Duty: All people have a duty of care when they choose to get behind the wheel and operate a motor vehicle. There may also be a duty where a potential defendant is found responsible for the actions of someone else.
Breach: If the driver of the vehicle fails to act as a “reasonably prudent person” would under the circumstances, then a breach has occurred.
Causation: You will have to prove that the defendant’s failure directly resulted in your injuries. You might approach this as counterfactual; that is, establish that if not for the defendant’s breach, you would not have sustained the injuries that you did.
Damage: This can consist of your past and future medical expenses, your loss of income due to your hospitalization as well as the pain and suffering you are feeling and will feel in the future.
If you are considering filing a car accident lawsuit, talk to a dedicated Jacksonville personal injury attorney. Call injury lawyer John Fagan at 904-278-1000.