After receiving proper medical attention, your first step following a serious accident should be looking into your options for civil litigation. A successful lawsuit or settlement demand could allow you to recover financial restitution not only for your medical expenses, but for numerous other damages as well.
The best way to strengthen your claim is to retain an experienced Midland personal injury lawyer who could explain the legal process and help you pursue fair compensation. In addition to collecting evidence of fault and presenting it effectively on your behalf, a qualified injury attorney could also take the lead during court hearings or private settlement negotiations to recover maximum compensation while avoiding common pitfalls that may hinder your financial recovery.
While there are some exceptions in certain types of cases, most personal injury claims in this area revolve around legal negligence by the defendant named in the lawsuit or settlement demand. Simply put, a person may be “negligent”—and therefore liable for injuries—if all the follow criteria apply:
The defendant had an implicit or explicit responsibility called a “duty of care” to act reasonably and safely around the claimant
By virtue of a reckless, careless, or intentional act, the defendant failed to fulfill their duty of care
The defendant’s breach of duty was the proximate or direct cause of an accident
The accident was the proximate cause of the compensable losses for which the claimant is seeking restitution
Negligence can come in various forms depending on the circumstances leading up to an accident. For example, the standard at which a motorist may be liable is not the same as the standard at which a doctor may be liable. A personal injury lawyer in Midland could provide crucial guidance on what negligence might look like in a given case and what evidence may be necessary to prove fault for a particular accident.