The element duty, in simple terms, means the defendant had a legal obligation to the plaintiff. In terms of an auto accident this could mean the defendant had an obligation to the plaintiff to maintain a safe distance or take care to change lanes when safe and legally allowed.
Breach of Duty:
After a duty has been established, breach of duty is when the defendant failed to maintain the duty previously established. In a rear-end collision, the breach of duty would be the defendant failed to maintain a safe distance by colliding with the plaintiff’s car.
Causation means that the defendant’s action was the reason or proximate cause for the accident. This means that without the defendant’s action there would not have been an accident. In other words, had the defendant pursued a different course of action, the accident would not have occurred.
If all three elements are established, then the plaintiff can recover actual damages as a result of the accident. Actual damages consist of but are not limited to medical bills, lost wages, pain and suffering, future medical bills and even future pain and suffering.
If you have been injured in an accident due to the negligence of another party., contact The Báez Law Firm P.C. so our negligence attorneys can get you the recovery you deserve. When you come in to meet with one of our negligence attorneys, they will explain to you the course of action they would take in the case and what they can do to help you win and recover a satisfactory settlement. Our negligence attorneys never charge for consultations and we do not recover attorney fees unless you win your case.
Call The Báez Law Firm P.C., where we minimize your legal worries!