If you have been injured in an automobile accident, then you may have the right to pursue compensation for your injuries.
To determine whether you have a claim, four basic elements of fact and law must be established:
- Duty
- Breach
- Causation
- Damages
Understanding the elements of a case.
To help understand these elements of a case, let’s look at the law at work. Let’s start by assuming that you are traveling in a car which is stopped in traffic, and the vehicle you are in is struck in the rear end.
How do you know if you have a claim for compensation?
- First, a driver of an automobile owes a basic duty to other travelers to operate his or her vehicle in a reasonably safe manner. The law of each state establishes more specific duties as well. In our example, many states have laws that require a driver to keep a reasonable distance behind other cars in traffic.
- Second, a breach of the driver’s duty must be established by the facts. This second element of the case is more commonly referred to as negligence. In our example, if the facts establish that the driver behind you was following too closely behind the vehicle you are in, then the driver has breached his or her duty to keep a reasonable distance behind you.
- Third, the breach, or negligence, of the driver must cause the accident. In our example, the fact that the driver was following too closely must also be the direct and proximate cause of the accident. The question becomes whether the driver’s action was the most substantial factor in causing the accident.
- Fourth, the negligence of the driver must cause you injury. In our example, you must establish what injuries are caused by the negligence of the driver. Once the nature and extent of the injuries are determined, then we can aggressively pursue fair, just and reasonable compensation for you.
What is fair, just and reasonable compensation?
No specific formula exists to determine and calculate damages. Although no formula exists to determine fair, just and reasonable compensation, we use our experience to advise our clients. We analyze the nature and extent of the injuries, the medical bills, lost wages, permanent impairment if diagnosed by a doctor, as well as your emotional pain and suffering.
Ultimately, we must understand how the injury has impacted your life while recuperating and how the injury may impact your life into future.
Do I have to take my case to a jury to get compensated for my injuries?
Not every case goes to a jury. Settlement prior to going to court is a very common way for cases to resolve. By preparing as though your case is going to trial, we believe that you will be in the best position to settle for a fair, just and reasonable amount, or take your case to court. We also believe that being prepared helps you make intelligent, informed decisions as a client.
Will I need an expert witness?
At the Haymond Law Firm, we will make use of expert witnesses to prove our client’s case. We have utilized all types of experts including accident re-constructionists, doctors, economists, and vocational rehabilitation specialists. Each case requires careful review to determine whether an expert is needed, and the appropriate expert to hire. Not every case will need an expert, but if there is a need, the Haymond Law Firm will endeavor to fill it.
At the Haymond Law Firm, our philosophy is to be prepared. Our mission is to communicate, counsel and enlighten our clients. Our goal is to achieve results. By being prepared, together, we can achieve.
If you believe that you have been a victim of an automobile accident, or have questions regarding your legal rights, contact the Haymond Law Firm for help.