In Philadelphia, when you are the victim of an accident, your life will immediately take a turn and become much more complicated. It does not matter if it was a car, bicycle, boating, or construction accident, you will be facing a series of challenges and decisions that will have an impact on your life. It’s up to you to do everything you can to protect yourself legally and financially as you seek compensation for your losses. You will need the help of an accident attorney to help you make a compelling case that will lead to an award for damages.
While every accident case is different, to win any accident case, you and your attorney must be able to show that the other party was negligent in their actions. There are specific elements that must be proven for damages to be awarded.
First, it must be shown that a defendant had a duty to the plaintiff, meaning that the defendant was required to act a certain way. For example, in a car accident, the defendant owes a plaintiff the duty of not speeding or driving drunk.
Next, it must be proven that the defendant breached this duty. Using the car accident example again, a radar gun or a breathalyzer test can confirm a breach took place.
Once these have been proven, then it must be shown that the defendant’s actions had a direct impact on any injuries suffered by the plaintiff. If you speed or drive drunk and plow into another car, this proves causation.
Finally, it must be shown that the defendant’s actions toward the plaintiff result in actual losses or damages. This can be an injury or a property loss. Once this has been proven, then discussions can begin over how much compensation may be due to the plaintiff.
Proving negligence may sound straightforward, but you will be going up against talented defense lawyers who will try to block your efforts. That’s why it is imperative that you give the best chance for a victory by hiring Master Weinstein and Moyer to represent you. We serve clients in Philadelphia and the surrounding Pennsylvania, New Jersey, and New York communities.