subject: Injury Lawyers Tacoma - Why They are Vital for Cases of Negligence in Your Tacoma Personal Injury Claims [print this page] Injury Lawyers Tacoma - Why They are Vital for Cases of Negligence in Your Tacoma Personal Injury Claims
Negligence is often an important aspect of personal injury claims. It refers to acts of carelessness that leads to injury, such as a someone driving recklessly and causing an accident or a machine operator not handing a piece of machinery appropriately resulting in injury to someone else. Being able to prove negligence against the person that caused your injury will strengthen your claim and pretty much guarantee you get the full settlement payout you are entitled to. For Tacoma residents, if you believe you were the victim of an act of negligence, you should consult with one of the injury lawyers Tacoma has to assist you in your negligence case.
For negligence to be proved, there are four criteria that your attorney must demonstrate to have occurred. They are:
the person who caused the injury owed what's called a "duty of care" to the person injured
the duty of care was in fact breached
the action which led to the breach of duty directly caused the injury.
the injured person suffered damages directly as a result of the injury
Essentially, everyone owes a duty of care to everyone else around them when out in public. By law you can not act in an irresponsible manner that may jeopardize the safety or cause harm to others. If you do and it results in injury to someone from which they suffer consequences, you will be held liable. If you are the victim, then you will want to prove negligence against the guilty party.
In some cases, negligence is easy to prove. If someone ran a stop sign, hit another vehicle and causes an accident that resulted in a broken arm for the victim, that is a pretty clear case of negligence. In other situations it can be difficult to prove. What if the car had faulty brakes? But then what if the car owner knew there have been problems with the brakes? What if the accident aggravated a pre-existing injury as opposed to causing a new one?
These are just a couple of examples of how easy it is for negligence to become complicated. Then you have cases where comparative negligence may be in play. This is when two people are both partly responsible for the accident. Then it has to be determined who was at fault more and by how much. If you are ruled to have been 25% at fault, then you will be able to recover 75% of your total expenses and lost wages. This is a reason why you need a good injury attorney who can minimize your responsibility in cases where comparative negligence is a factor.
Because of the numerous complications that go along with negligence, you can see why you must have an attorney if it is involved with your personal injury claim. Unless it is a clear cut case it will most likely go to trial, and you will need an attorney to represent you there. If you are a resident of Tacoma, you should enlist the services of one of the experienced injury lawyers Tacoma has who specialize in cases of negligence.
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