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Motorcycle Accident and Personal Injury

Posted on:3/30/2013
Seek the assistance of an experienced personal injury attorney if you have been injured in a motorcycle accident. Most motorcycle accident lawsuits are based on negligence. A motorcycle accident injury lawsuit is complex. It is best left to the expert - an experienced personal injury attorney.


Several elements must be proved by the plaintiff in any negligence case: (1) that a duty of care was owed to the plaintiff; (2) the standard of care in the given context; (3) that the defendant's behavior fell below, or breached, the duty of care; (4) that the plaintiff was injured in some legally relevant way; (5) that the defendant's behavior caused the injury; and (6) that the plaintiff suffered damages. An experienced personal injury attorney has the skills and expertise required to prove negligence.

 

Causation must be proved in a personal injury claim. There cannot be a claim without causation. Causation is tested with the but for test, which asks, but for the negligent act, would the injuries have resulted? If, on a balance of probabilities, a judge or jury decides that the injury would not have occurred but for the negligent behavior of the defendant, then causation is proved.

 

An experienced personal injury attorney is aware that motorcycle injury victims often suffer from psychological injury. There have been several restrictions placed on recovery in psychological injury cases, such as the requirement of physical impact, injury, or a physical manifestation of the psychological injury. If you are suffering from a psychological injury because of a motorcycle accident, contact an experienced personal injury attorney.


  
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