Law

What a Personal Injury Lawyer Olympia Must Prove

There are many types of personal injury claims, but there are certain general principles a Personal Injury Lawyer Olympia must prove in court no matter the type of claim. It’s a good idea to be familiar with all of them when selecting a Personal Injury Lawyer Olympia in order to be able to have an informed discussion to get a good gauge of which lawyer is the one to hire.

In all personal injury claims Olympia, the lawyer must show that the person causing the injury owed a duty to the person who was injured. There doesn’t need to be any preexisting relationship between the two people. For example, every driver owes every other person a duty to operate their vehicle in a reasonable manner and not cause them harm by speeding, driving while distracted, or other careless behavior. Construction workers owe a duty to passersby to not injure them with debris. When there is a relationship, the duties may be elevated. For example, the duty owed by a doctor to a patient is far greater than the duty owed by a good Samaritan to the person he is performing CPR on.

The lawyer must also show that the duty was somehow breached. If, for example, a driver’s only duty was to drive the speed limit and he drove the speed limit, there was no breach of duty and therefore the claim won’t stand. If on the other hand, he went over the speed limit, he would have clearly breached his duty. With a doctor, there is almost always some risk of harm to a patient so it is not enough to show that the patient was injured, but rather that something went wrong. Browse website for more details.

The lawyer must also show that this breach of duty caused the injury to occur. If someone is injured by a speeding driver, but would have been injured even by a slow driver because they were only in his path because they ran a stop sign, the driver’s breach didn’t cause the injury and therefore the driver cannot be held legally responsible for the injury. Similarly, if a driver is just speeding and no one is ever injured, they would have no claim because no injury was caused.

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