Most accident victims in Phoenix will rely on the legal idea of negligence to prove that another person was to blame for their losses and injuries. However, negligence is unfamiliar to many people, and those hurt in an accident sometimes struggle to understand it and what they must do to prove it. Here is a detailed explanation:
Negligence is the failure to treat another party with a similar degree of care that another reasonable or prudent person would have under similar conditions. While this conduct typically involves activities, it can also be the outcome of inaction when there is a need to act. The state of Arizona specifies four components of negligence that must be proven for a victim of a negligently caused accident to win a damage lawsuit and hold the negligent party accountable for their losses and injuries.
Below, we demystify these elements and how a skilled car accident lawyer in Phoenix, Arizona, can support you throughout this legal procedure and help you pursue the highest possible financial damages.
Table of Contents
Duty of care
The plaintiff must establish that the wrongdoer owes them some duty of care or responsibility to exercise reasonable prudence. In a car accident claim, an illustration of a duty of care might be that drivers have a responsibility to follow the law of the road, be mindful of other motorists, and concentrate on driving to prevent car accidents.
Violation of duty
You must show that the wrongdoer violated their obligation by failing to exercise reasonable caution. Liability can be established, and it can be demonstrated that the wrongdoer is legally accountable for the results of their conduct if the first two elements, or rather that the wrongdoer had a duty of care and violated it, can be proven.
Causation
This third component demonstrates how the wrongdoer’s acts caused the plaintiff’s losses and injuries. Causation is the term used to describe the relationship between these behaviors and damage. An attorney frequently calls on experts like doctors and accident reconstructionists to testify to demonstrate that the defendant’s actions or inactions were to blame for the plaintiff’s injuries.
Damages
In the final phase, the plaintiff must finally prove that they suffered in a way that can be quantified as a monetary loss. Typically, these injuries entail physical pain or destruction of personal property. The following are some typical injuries in car accident lawsuits, although bodily harm can entail a variety of traumas:
- Bone fractures
- Traumatic brain injury
- Injury to the spinal cord and paralysis
- Soft tissue damage
- Internal bleeding
- Neck wounds
- Back problems
- Lacerations
- Substantial burns
- Stress-related post-traumatic disorder (PTSD)
- Unjustified death etc.
A car accident attorney can rely on medical bills, lost salary reports, and other expert testimony to demonstrate these monetary losses and how the injuries affected the victim’s job, career options, and future to demonstrate this final stage and the severity of these injuries.
The bottom line
Proving negligence can be daunting, but a skilled lawyer in Phoenix can take on the obligation of proving these elements for you and secure you the maximum compensation.