Branch County Car Accident Attorney
The outcome of car accidents can be distressing. When one is involved in a crash, he or she may require medical care and personalized treatment. Such an individual should take the necessary steps to safeguard his or her legal rights. The first step is becoming aware of what those rights are.
When a person sustains an injury, he or she must prove four crucial elements to succeed in a personal injury claim: actual losses, proximate cause, breach of duty of care, and duty of care. Notably, the injured party is only required to prove such elements if his or her Branch County car accident attorney and the insurance companies fail to reach a settlement agreement.
The Duty of Care
In the State of Michigan, when a person is injured in a car accident, he or she must prove that the individual who caused the collision had a duty of care. An injured person can easily establish the duty of care in a car accident claim. Such an individual must explain that the motorist who caused the accident had a responsibility to drive his or her car safely and reasonably.
Breach of Duty of Care
After proving that the driver had a duty of care, the injured person must demonstrate how the motorist breached his or her duty of care. An individual is considered to have breached the duty of care if he or she breaks traffic laws. This includes speeding, tailgating, swerving, driving distracted, and many other punishable violations.
The legal term, proximate cause, has two layers. The first is that the motorist who caused the accident must be found responsible for the accident. The second implication is that the conduct of the driver resulted in the accident and injuries of another party.
The individual seeking compensation must have suffered damages, actual losses, or injuries. While filing the lawsuit, the injured party must move beyond speculating on the injuries that may have occurred from the accident, but instead detail medically-recognized conditions. The individual can also identify the intended longevity of his or her condition.
A Branch County car accident attorney possesses the knowledge and resources to successfully seek compensation for a personal injury client. After carefully reviewing the facts and circumstances of the incident, he can recommend the best course of action to achieve the client’s desired outcome. Anyone who has been hurt due to the negligence of a third party should contact Michigan Legal Center for a free case evaluation.