Legal Aspects of a Bodily Injury in Spokane
- Author Hector Quiroga
- Published January 28, 2011
- Word count 457
A medical professional will be the first thing you’ll need when experiencing bodily injury in Spokane, but what about the legal sides?
If you have been injured and wish to seek coverage, someone must be negligent in the situation or somehow at fault for all the damages. It will be your responsibility to show that the other party is at fault, so you will need to provide the evidence to that end. Specifically, you will need to prove that every single injury are a result of this negligence.
A good bodily injury lawyer can help establish who is at fault, and also calculate a figure to compensate for pain and suffering. They will be able to explain the details to you, and further explain that there might be an insurance policy in place to provide the coverage for your injury expenses.
To use a car accident as an example, the plaintiff will need to prove that the defendant caused the damage to the car and that the accident also caused every specific injury.
The reason you must have proof for every injury is that lawyers for the defendant will argue that these injuries existed prior to the incident in question. You will end up with a reduced settlement if you cannot prove that all damages are a result of the accident. Lawyers will certainly argue and negotiate over every detail, so your own bodily injury lawyer will need to help you have all the bases covered. This can complicate and draw out the proceedings, but it's a necessary part of a bodily injury lawsuit.
Determining Fault
Negligence leads to accidents, and when a party is negligent, that means the fault lies with them. There are 4 components to negligence from a legal standpoint: duty, breach, causation and resulting damages. Your lawyer will have to establish all 4 to the jury in order for the plaintiff to win the judgment.
Specifics about duties are outlined in your state legislative code, and your lawyer should be able to help you research that. Once you are able to prove that a duty exists for the defendant, you then need to show how that duty was breached. Experts may be called at this point (like accident reconstructionists) to help illustrate the point for the jury.
You still need to further prove that the breach in duty was the immediate cause of your injury or damages. Basically, all 4 parts of negligence must be examined and proven in your favor in order for you to win. Given the legal complexities of the situation, its highly recommended that you hire a bodily injury lawyer to help you in your case. This will at least address some of the problems associated with bodily injury in Spokane.
Hector Quiroga is the owner of the Quiroga Spokane Law Office - serving the legal needs of the Spokane County (WA) community. Find out what a Spokane injury attorneycan do for you at his site.
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