Everyone knows how traumatic it can be to even witness an accident, yet alone be on the receiving end of one accident due to someone else’s negligence. The law that governs this area is quite clear: these cases are considered to be strict liability claims, where the intention of each party is not considered; rather, whether one’s actions were justifiable in their given situation. The court will not only take precedent into account but will also take the factual matrix of the case to determine whether the defendant acted like a sound person would.
A sound person in legal terms is an individual of legal age who has the capacity of determining from right and wrong. Due to the nature of these cases, it can be very difficult for an individual to win a personal injury claim without the help a legal representative. In most cases, the defendant’s insurance company will try their level best to settle the issue outside of court usually in favor of the defendant. These insurance companies are incredibly powerful and deal with these situations on a daily basis. Convincing an innocent party to settle with nominal damages is part of their trade. This is exactly why it is imperative that every individual hires a personal injury lawyer who has massive experience in pedestrian and road injury claims.
What is the legal doctrine behind pedestrian and road injury claims?
Statues and precedent governs the legal doctrine behind pedestrian and road injury claims. These sources have clearly identified each party’s rights and have a litigation proceeding in place to handle such cases. The respective judge will take into account the case and will try to ascertain whether the defendants’ actions can be deemed negligible. If the defendant is deemed negligible due to their course of actions, the court will allot damages to the innocent party. These damages will effectively encompass the loss the claimant had to suffer due to the negligent activities of the claimant.
Why is it so important to hire a personal injury lawyer in pedestrian and road injury claims?
A lot of people are under the impression that they can save money by representing themselves in court. Although every individual has the right to represent themselves, this is not recommended as only a lawyer understands the nuances of legal proceedings, and has the experience in doing that regularly and professionally. These personal injury lawyers are not only familiar with legal proceedings, but also have all the required skills and tools in their arsenal to effectively enforce someone’s rights.
Additionally, these lawyers understand how the courts operate and know how to handle insurance companies with ease. Furthermore, lawyers also understand the courts’ process in determining damages so it is safe to say that only a lawyer can effectively obtain damages with encompass the claimant’s loss. A personal injury attorney will not only make the process much easier but will guide the claimant each step of the way. This guidance and a solid chance to win in court is exactly why it is imperative that everyone hires a personal injury attorney for pedestrian and road injury claims.
So, if you have unfortunately found yourself in an accident, please contact personal injury attorney as soon as possible.