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Proving Negligent Acts in Whiplash Accident

By Edited Feb 10, 2014 0 0

Accident can lead to severe injuries such as severe back pain, or more commonly referred to as whiplash. Rear end and Rollover accidents can trigger such injury.

Whiplash happens when the motorist's head is shaken back and forth. The extreme force can injure the ligaments, discs, nerves, and joints. The injury can extend to the upper back and may include muscle spasms.

If the larger muscles are injured in a collision, the pain may be severe and extend to the lower back. At times, nerves in spinal cord are affected, requiring serious medical attention.

Severe back injuries due to accident can also be caused by bruising and compression. It can result to:

1. Nerve damage in spinal cord (paralysis)

2. Difficulty in moving

3. Numbness

4. Difficulty in performing normal daily functions

If you are injured in a rear end collision or roll over accident, you may seek sources of recovery. You may establish the fault of the driver, who committed negligent acts.

How to prove negligent acts:

1. Construct an argument proving that the defendant owed a duty of care during the accident

2. The defendant failed to fulfill the duty of care because of an active or passive action.

3. The action caused the accident

4. The accident caused the injuries

The plaintiff needs to present adequate evidence to support his/ her allegations. Some examples of evidence are:

1. Photos from the accident scene

2. Copy of police report

3. Medical records (diagnosis, laboratory exam, physician's certificate)

4. Pertinent documents

Aside from proving a negligent act, you may also use other levels of fault in pursuing your case. These are recklessness, strict liability, and intentional misconduct.

Recklessness- It is the utter disregard for the safety or welfare of another person, resulting to injury or loss.

Strict liability - The owner is held responsible for the injuries or loss of another person regardless of who is at fault in the accident. The plaintiff needs to prove that the owner is knowledgeable of a potential or existing hazard of the automobile, yet failed to prevent/correct it.

Intentional misconduct- It is the planned action to injure or harm another person. The plaintiff needs to present more evidence showing the malice in a wrongful act or behavior. The court may order stricter penalties and punitive damages. It usually takes time to litigate and require a formal lawsuit.

Consult with a Personal Injury Lawyer in Los Angeles to help you file the lawsuit.


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