Plaintiff’s Case Elements

Plaintiff’s Case Elements

Baxter Village Auto Accident Lawyer

General Theory in Auto Accident Litigation

Legal theory for most auto accident litigation holds that negligence is on the part of the defendant.  In order for negligence to be established, your auto accident lawyer will need to prove the following:

  • There was a duty on the part of the defendant to act with care.
  • That duty was breached by the defendant.
  • The accident was caused by the breaching of that duty.
  • The result: you sustained damage.

Application of Legal Requirements

Your Charlotte auto accident attorney will condense the four requirements listed above to: duty, breach, causation, and damage.  They constitute the general requirements for any and all lawsuits with a basis of negligence, and are applied in auto accident litigation as follows:

  • DutyWhenever someone drives a vehicle, the duty of care is enacted.  This duty of care can also be applied whenever the responsibility for another person’s actions lies with a potential defendant.
  • BreachWhen a person drives a vehicle and fails to carry out that action as a reasonably prudent individual would in a comparable situation, the duty of care is breached.
  • CausationBreach of duty on the defendant’s part must be established as the cause of the injuries you sustained.  In other words, if the defendant had not breached his or her duty, you would not have been injured.
  • DamageDamages resulting from a vehicle accident may include future and past suffering and pain, future and past medical expenses, and future and past disability, including lost wages and/or income.

Contact the Automobile Accident Law Firm of Bice Law

At Bice Law we can help you determine who we believe to be at fault in the accident. We will look to a number of sources to help you determine liability including but not limited to statements made at the scene by witnesses and parties, the investigating officer’s accident report, and depending on the case, possibly accident reconstruction experts, and highway design or maintenance experts.We serve families across both North and South Carolina. If you have been seriously injured in a car accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law today by calling 877-BICE-877 or submit an online request to get a free consultation with a auto accident lawyer.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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