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What You Must Prove to Win a Personal Injury Case

Posted by James Bendell | Jul 28, 2020 | 0 Comments

A number of things must be proved at trial to win a personal injury case. Although most cases are settled before trial, it is important to muster the evidence needed to demonstrate to the insurance adjuster the fact that your case will be a winner at trial if the case is not settled

Everything starts with proving negligence.

To begin with, you must prove that someone's carelessness (negligence) caused your injury. In the case of motor vehicle accidents, that can be demonstrated by showing that the other driver violated the rules of the road. In other cases, it can be proved by showing that someone acted in a careless manner in a situation where he or she had a duty to act with prudence and care.

You must also prove proximate cause.

If you cannot prove negligence, you will lose. You will also lose if you prove negligence but cannot prove that the negligence was the cause of your injuries. For example, if the other driver was driving while intoxicated, but the accident was caused because you went through a stop sign, then the driver's intoxication was not the cause of the accident.

You must sue the right person or corporation.

If you sue the wrong person or corporation, you will lose. If you wait too long to sue, you will lose. The path to winning is narrow, but the road to losing is very wide.

To protect your right to financial compensation after an auto crash or some other type of injury, you should consult with an experienced personal injury attorney as soon as possible.

About the Author

James Bendell

Attorney James Bendell graduated from Rutgers Law School after completing his Batchelor's Degree at the College of William and Mary. After working two years as a prosecutor, he worked for 16 years as a litigator, trying lawsuits for insurance companies. His practice is now devoted to handling dis...


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