An Overview Of The Steps Involved In Proving Liability

When an accident happens to you, you might suffer personal injury as a consequence

. Quite often the accident is someone else's fault and you therefore deserve compensation for the injury you have endured. All over America people are expected by law to have some form of liability insurance and particularly if they are involved in activities that are likely to cause personal injuries to others. If you have suffered personal injury the onus is on you to prove that the other person was at fault if you want to be compensated. In many cases proving liability is not easy and which is why you will need to hire a personal injury attorney McKinney TX.

Each state in the US has its own statutes concerning personal injury but the general principles apply across the board. A personal injury attorney McKinney TX will proceed to investigate your case whereby he or she will need to prove three important points.

Firstly, you must prove that the other party had a duty to you. What does this mean? Simply put, everyone has a duty to act in ways that do not endanger the wellbeing of others. For instance, drivers are expected to observe traffic laws and drive courteously. Similarly, the pilot of a small plane should not let you disembark while the engines are still running. The driver and pilot in these examples are both duty-bound by virtue of their being in charge of their respective vehicles.

Having established that the other party had a duty to you, your personal injury attorney McKinney TX will have to show that this duty was breached. As was noted earlier, most accidents are consequences of careless or negligent behavior. You will need to show that the other party's behavior was in direct breach of his/her duty to you. For example, most aviation protocols require that aircraft engines be completely shut down before the passengers can alight. It is expected that the pilot is aware of this rule and so if he/she lets you off the plane too early and the still-rotating propellers injure you he/she can be said to have breached his/her duty to you.

Thirdly, your personal injury attorney McKinney TX will have to prove that your injury was the direct result of the above breach of duty. It is not enough that the other party was careless and that you got hurt; you must show an explicit connection between the two. Taking the example of the airplane above, assuming that you trip and fall on the tarmac and hurt yourself your injury will not have been caused by the pilot's negligence despite the fact that he/she was actually negligent. This is because your tripping had nothing to do with the aircraft engines being on. If however the turbulence from the engines threw you off balance and you fell then you are entitled to compensation because your injury was a direct result of the pilot's carelessness.

All said, it is clear that you need the services of a well qualified personal injury attorney McKinney TX in case you are involved in an accident. This is because a lot of investigation must be done to prove the validity of your case before you can file for compensation.

by: Billy Sharp

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