Previously, this blog discussed a recent accident that left one individual dead. Tragically, it appears that the wreck may have been wholly preventable, as it may have been caused by a drunk driver. Despite extensive public service initiatives and law enforcement crackdowns on intoxicated driving, far too many motorists continue to drink and drive. As the recent accident highlighted, the costs can be extensive, stretching from the physical and emotional to the financial. In an effort to find a sense of justice and closure, as well as compensation for damages suffered, car accident victims may want to consider pursuing a personal injury lawsuit.
In order to succeed on one of these claims, a victim must prove certain legal elements by a preponderance of the evidence. This means establishing that the defendant owed the plaintiff a duty of care, that duty was breached, the breach caused the plaintiff’s injuries and those injuries are compensable. At the heart of most car accident personal injury claims is the fact that the duty of care was breached. This is why a plaintiff needs to have strong evidence showing that the defendant acted negligently, often evidenced by breaking the law in some fashion.
The legal team at Gary Phillips Accident law is well-versed in how to gather and present such evidence in a compelling fashion. We know what judges and juries are looking for when trying to determine whether a defendant was negligent. Our track record of success demonstrates our ability to fight for our clients and recover the compensation they need and deserve.
With that being said, every case is different. Not every case can be won outright, or it may be too risky to take to trial. This is why plaintiffs also need a skilled negotiator on their side, as he or she may be able to assist in reaching a favorable resolution that leaves an accident victim in a financial position to focus on recovering their health and returning to their normal life.