Are you looking to boost your chances of receiving just compensation? You need to prove some key elements in your claim. These key elements serve as a strong foundation for your claim as they can significantly affect its outcome.
It’s your responsibility to certify the concerned parties that your injuries were due to another party’s laxity. You must present evidence like:
- Police reports
- Witness statements
- Medical records and more
Suffering an injury due to someone else’s negligence can leave you feeling overwhelmed. Engaging a knowledgeable Houston personal injury attorney can make all the difference. The attorney will assist in gathering the necessary documentation to build a solid case.
Let’s delve into the intricacies of personal injury claims to understand the vital elements you need to prove. Successfully establishing these will pave the way for securing the settlement or compensation you rightfully deserve.
Breach of Duty
As the claimant you need to prove that the act of the defendant or omission resulted in a duty breach.
- Did the motorist fail to drive with due attention and care?
- Was the employer in breach of statutory duty, like failing to adhere to safety and health regulations?
- Or did the health expert negligently misdiagnose your or your loved one’s condition?
The defendant may admit negligence. However, that doesn’t guarantee a successful lawsuit. Negligence is only a section of the jigsaw. You need to prove that it caused your:
- Injuries
- Pain and suffering
- Financial losses
Causation
Has negligence been proven? Is the answer yes or no? The claimant needs to show that the losses they allege were caused by the breach of duty of the respondent. This must occur before any action for a personal injury can succeed.
If the claimant fails to do that, the claim is likely to fail. Once causation and negligence have been proven, you, as the claimant, need to prove that your losses attract an award of settlement or compensation. You must prove what the value of that compensation or settlement should be.
Quantum
A medical report serves two key purposes. It details the injuries sustained as well as the mechanics of the incident circumstances in support of causation and negligence.
Also, it allows the claim to be valued or quantified. Once causation and liability have been established, a personal injury lawyer Houston can value your claim.
When valuing your personal injury claim, your attorney will refer to relevant case law as well as the Judicial College for the Assessment of General Losses in personal injury lawsuits. A relevant case law will depend on various facts like:
- The same age as the claimant injured in a similar incident
- The same injuries sustained in a similar incident
The case will proceed to a court hearing, especially when the two parties can’t reach an agreement. The case law and guidelines would then be considered by the judge.
Work with an Experienced Personal Injury Lawyer Houston
Want to establish a case that will result in just compensation? A knowledgeable Houston personal injury attorney will help you. An experienced personal injury lawyer has the expertise required.
The legal expert will know the type of evidence that insurance companies and courts need. What this means is a successful claim.
Your lawyer will allow you to harness Houston’s law and court rules to prepare your claim methodically for trial.
When establishing your case, you can evaluate your success chances against the preponderance of the standard of evidence to determine the weaknesses and strengths of your personal injury claim. This can allow you to determine the best course of action in the lawsuit to maximize your recovery.
