To prevail in a personal injury claim, your attorney must show that one or more parties acted negligently in causing your injuries. Negligence means that a defendant failed to act in way that a reasonable person who act under the same or similar circumstances. For instance, a driver who strikes a motorcyclist while switching lanes without checking for oncoming traffic would likely be determined to be unreasonable. Negligence also requires a showing that the unreasonable act caused a victim’s injuries and resulted in damages. Once liability is established, victims can receive compensation for past and future medical costs, loss of income, and diminished earning capacity, as well as pain and suffering damages.
Even if the motorcyclist is assigned a portion of the responsibility for the accident, through comparative negligence, they may still bring a lawsuit against the person that caused their injury.
