What Components Constitute A Viable Auto Accident Claim In Arizona?
Most personal injury cases in Arizona hinge on the legal theory of negligence. Negligence refers to what occurs when someone does not take the proper care in doing something, an action which ultimately causes injury to another person. Negligence is a complicated area of the law, so it’s helpful to break a case down to its basic elements. In order to win a negligence case you must prove the following four things:
1. Duty: That the defendant owed some type of duty to you, usually by virtue of your relationship. For example, a driver has a duty to obey the statutes that govern driving so that they don’t cause injury to others on the road.
2. Breach: That the defendant breached his or her duty to you by failing to exercise reasonable care. In the driver example, the driver may breach the duty to obey the relevant statute so someone isn’t injured by failing to keep their car under control and running into
the rear-end of another car.
3. Causation: That the defendant’s actions caused your injury.
4. Damages: That there is some way that the court can compensate you for your injury or injuries. In the above example the court may award the injured plaintiff money damages to cover the cost of the medical care necessary to pay for plaintiff’s medical treatment as well as some additional money damages to compensate the plaintiff for loss of income or disability resulting from the accident.
Generally, it will need to be shown that a party was injured in an accident because of the actions of a defendant driver. The medical records have to support the injury or injuries.
Can Someone Handle An Auto Accident Claim On Their Own Without An Attorney?
Yes, they can. But, for the above reasons and because negligence is such a complicated area of the law it is not advisable.
Generally, an injured party will make more money and receive more compensation for their injuries when they work with an attorney. An attorney will, first and foremost, protect the injured party’s legal rights. An attorney will prevent the insurance company from playing games with the injured party. An attorney with the experience to deal with the matter can file a lawsuit against the insurance company and take the matter to trial, if necessary.
For more information on Viability Of An Auto Accident Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (520) 360-4292 today.
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