Drivers are expected to conduct themselves with reasonable care by obeying all traffic laws and rules of the road. Unfortunately, no matter how careful a driver is, an accident could still occur. When the collision is due to the negligence of another person, they could be found liable in court and required to pay the plaintiff compensation.
Injured individuals should speak to a seasoned Hampton car accident lawyer to learn more about how to seek compensation for their injuries. Having a dedicated personal injury attorney at your side could ensure that your rights and interests are protected in and out of the courtroom.
Proving Defendant Liability and Recoverable Damages
The plaintiff bears the burden of proof in a personal injury case. This means they are required to convince the court that their injuries and damages were due to the defendant’s negligence. A Hampton car accident attorney could work with an accident victim to prove the following elements of legal negligence:
- As a driver, the defendant had a duty to conduct themselves with reasonable care
- The defendant breached their duty
- The actions of the defendant were the proximate cause of the plaintiff’s injuries
- The plaintiff incurred compensable damages
If the plaintiff is successfully able to prove negligence, they may be awarded compensation for their damages. To name just a few examples, injured individuals may be eligible to recover compensation for lost income, medical expenses, pain and suffering, loss of enjoyment of life, and mental anguish. A skilled lawyer could help an injured victim recover damages following a car wreck.
Comparative Negligence in Automobile Collision Cases in Hampton
In order to reduce their liability, civil defendants may try to place some or all of the blame for a car crash on the plaintiff filing suit. For example, the defense may claim that the plaintiff was speeding at the time of the accident, was under the influence of alcohol, or distracted while driving.
The burden of proof for shared liability rests on the defendant, and if this defense is not raised, the jury may not consider it. However, if the defense can convince the court of shared responsibility, their liability would be reduced according to the rules of comparative negligence.
Fortunately, the plaintiff may still be eligible to recover damages if they are 50 percent or less at fault for the accident. However, the total amount of compensation they may be awarded would be reduced by their percentage of liability. Plaintiffs who are concerned that they may have some liability should speak to a skilled automobile crash lawyer in Hampton and discuss contesting claims of shared liability.
Speak to a Hampton Car Accident Attorney Today
When an automobile collision occurs, many victims are left suffering physically, emotionally, and financially from their injuries. If the accident occurred due to another’s negligence, the law allows them to pursue compensation from the parties who are at fault.
An established Hampton car accident lawyer could help you hold the responsible party accountable in court. The sooner you contact an attorney, the better the outcome for your case could be. Call today to get started on your claim.