A car accident lawyer is an attorney who offers legal representation to people who claim to have been hurt, mentally or physically, due to the negligence of someone else, business, government agency or some other entity. Personal injury lawyers mainly practice in the field of law called tort law. Tort law allows the injured party to claim compensation from the party whose conduct caused the injury. A car accident lawyer will have to prove three main elements to successfully sue another party: negligence, breach of contract and causation. Negligence is the essential first element that a car accident lawyer needs to prove in a case. He has to convince the court that the party responsible for the injury did not have the negligence required to form a case against the client. Click here to learn more about car accident lawyer.
Fault is the second element. The lawyer has to prove that the negligent party was the cause of the injury and that it has cause to cancel any auto insurance policy. In case of at-fault cases, the damages claimed are limited to those that pertain to the injuries and damage sustained by the plaintiff only. Most insurance companies have a clause of no win no fee. This means that if the car accident lawyer is unsuccessful in securing a settlement from the insurance company, he does not have to pay any fees.
The third element is negligence. This refers to the action or inaction of the car accident lawyer in relation to handling the case properly. For instance, he should have approached the insurance company with the needed documents before filing the claim. He should also have provided insurance proof that the vehicle was purchased legally. These steps would have made it easier for the client to pursue a claim against the negligent party.
Many people do not realize that there is more to car crashes than just damage to property. Some car accidents cause medical issues that are expensive to treat. It also takes away the quality of life of the victim and his family. It can even lead to his death. A car accident lawyer should have taken these into consideration and sought medical attention for the injured victims. If the driver was drunk, the outcome could have been different. Always settle for top rated bakersfield car accident lawyer for better services.
People involved in car accidents may face personal injury liabilities. These include personal injuries, property damage and medical costs incurred. However, it is important to note that a personal injury claim has to be filed within a certain period of time after the occurrence of the accident. It is also important that the client should file the claim within six months of the date of loss or damage.
Wrongful death is another serious injury that can occur in a car accident. A wrongful death claim is filed when someone dies as a result of being hit by a motor vehicle. A wrongful death claim can be brought forth if a pedestrian is hit by a motor vehicle, or a child is killed in a vehicle wreck. The cause of death can also determine whether a personal injury case is filed. If there is gross negligence on the part of the driver, a personal injury claim has to be brought forth.
You can get more enlightened on this topic by reading here: https://en.wikipedia.org/wiki/Personal_injury_lawyer.
