Accidents occur anywhere when you least expect it. In most cases, accident generally result in worse or injuries, lead to serious cases such as brain injury, spinal cord injury, or death.
When an accident causes damage or harm to another person through recklessness or negligence, a victim may take legal action against the person or persons liable for his injuries.
A tort is a bad act committed by another person against another, which generally result in injury. The aim of torts law is to hold the persons liable for the injuries. The final goal of a personal injury action, so, is to make the liable persons compensate for the wounds caused on accident victims.
In this respect, a person who causes the injury, known as tortfeasor, may be held liable for causing the accident by intentional, direct, or reckless action.
Some of the components of tort may contain intentional tort, negligence, and vicarious liability. An intentional tort arises when injure is done on intentionally or purpose. Intentional tort is much on a higher level than carelessness in terms of liability.
If the accident is caused by negligence, a person can be held liable for his actions under the following elements or factors:
- A breach of that duty
- Proximate cause, which relates to whether the injury was foreseeable
- Damages resulting from the tortfeasors conduct
- A real causal link between the tortfeasor conduct and the resulting injury
On the other hand, vicarious liability happens when a superior is held responsible for the act of his subordinate based on the doctrine of respondeat superior. This generally applies in accident that involved an employer and employee. For example, liability in a trucking accident may find both truck owner and driver liable for damages to a dead or injured victim. Thus, when a negligent employee cause accident, the employer may also be responsible for the injury or damage. In this way, Grand Junction Personal Injury Lawyers will help you.
Hire a Personal Injury Lawyer
Research local law firms and find an expert accident lawyer that feels like a best fit for you and your legal requirements. Ask relative and friends for referrals, and look online for recommendations and directories. Most personal injury law firms, including our own, provide free initial consultation to assess your claims and determine how powerful or weak your claim may be. Use these free consultations to your benefit, as it they are job interviews, or match law offices in the end. Match fees, experience, and more in order to come to an educated decision.
Most injury claims are settled out of court, because a perfect settlement can generally be agreed upon by both parties. Anyway, if a settlement cannot be agreed upon, your personal injury attorney will take it to court, and present your case to a jury and judge they will decide what the fair compensation amount should be.
Be alert that sometimes, although rarely, juries or courts will decree a lower settlement than what was offered initially out of court. Again, hiring an experienced and licensed lawyer that specializes in personal injuries is powerfully recommended. The insurance carries for the defendant has a lawyer and you should too.