In an east Texas car accident case, the plaintiff has the burden of proving not only that the defendant was negligent and caused the accident but also that there was a link of proximate causation between the defendant’s breach of the duty of care and the damages for which the plaintiff seeks compensation. This can be a difficult task in some cases.
The attorneys who are hired by the insurance companies of careless drivers are quick to point out any flaws or weaknesses in the plaintiff’s case, as their ultimate goal is to pay out as little as possible on each claim. They can sometimes be particularly effective at discounting the testimony of expert witnesses whom they believe are unqualified to render an opinion about the nature and/or extent of the plaintiff’s injuries and associated medical costs.
Facts of the Case
In a car crash lawsuit recently considered on appeal, the plaintiff was a motorist who was rear-ended by the defendant driver while stopped at a red light. At the time of the collision, the parties agreed that it was a minor accident and that it was not necessary to call the police. A few days after the accident, the plaintiff begin to experience pain in his lower back, hip, and wrist. The plaintiff later sought medical care, which included chiropractic care, an MRI (which showed two disk protrusions or herniations), physical therapy, and steroid injections.