Legal Elements of a Car Accident Lawsuit

An accident attorney in Orange Park can explain that the legal theory in a car accident lawsuit is that the defendant was negligent. Negligence, as a legal term, has a specific definition and specific elements must be met.

Your accident attorney in Orange Park must prove all of the following:

1. The defendant had a duty to drive carefully
2. What the defendant did was a breach of that duty
3. There was a causation link between what the defendant did and the accident
4. You suffered some measurable damage as a result

Duty
Legally, duty is a standard of care owed by one individual to another. The duty of care arises in car accident cases whenever someone gets behind the wheel and drives a vehicle.

Breach
That duty is breached when the driver fails to act as a reasonably prudent person would under similar circumstances.

Causation
Your accident attorney in Orange Park must establish that your damages were caused by the defendant’s breach of duty. That is, your injuries would not have occurred but for the defendant’s failure to drive as a reasonably prudent person.

Damage
Typical damages from a car accident case consist of property damage to the vehicle, past and future medical expenses, past and future loss of income and past and future pain and suffering.

Car accidents may seem at first to be clear-cut, but receiving the maximum award you are entitled to is more problematic. Accident attorney in Orange Park John Fagan understands the issues. To better help you understand your rights, Mr. Fagan provides a complimentary initial consultation. Call (904) 215-5555 today.

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