Elements of a Personal Injury Case

When a person suffers an injury caused by the negligent, reckless, or careless actions of another party, that individual may be eligible to file a personal injury claim in order to recover financial compensation. The compensation obtained from personal injury claims are used to cover past and future medical expenses, lost wages, as well as pain and suffering.

However, to file a successful claim, a plaintiff must demonstrate the following four elements about the case:

• The duty of care – The first element of a personal injury case is the existence of a duty of care one party owed to another in order to protect safety and wellbeing. In a car accident claim, for instance, the duty of care is to follow the rules of the road and exercise reasonable care.
• Breach of duty – A personal injury claim starts when the duty expected of the defendant was breached. So, if a driver fails to adhere this duty of care—by committing some negligent act (e.g. speeding, drunk driving, texting while driving, etc.)—and causes injury, he/she may be held liable for their actions. The plaintiff must prove that the defendant failed to act with the level of care that a reasonable person under similar circumstances would have behaved, or violated a law.
• Causation – The third element is demonstrating that the failure to exercise reasonable care caused the underlying accident and your injuries. The plaintiff must show that it is “more likely than not” that their injuries were sustained because of the defendant’s actions.
• Damages – Lastly, the plaintiff must prove damages or losses in order to recover financial compensation for their injuries. There are two types of damages available: economic and noneconomic. Economic damages are meant to compensate the plaintiff’s financial losses (i.e. hospital bills and lost earnings), while noneconomic damages are intended to compensate the victim for intangible harm (i.e. emotional distress or pain and suffering). If someone isn’t harmed and suffered no damages, there isn’t a valid personal injury claim.

SEEK LEGAL HELP FROM AN EXPERIENCED PERSONAL INJURY ATTORNEY

If you have been injured because of the negligence of another party, it is imperative to obtain legal representation from a skilled personal injury lawyer to help you get a maximum settlement. At Hare Wynn, we can investigate your accident, gather evidence, negotiate with insurance adjusters, and build a strong claim to help you make the best recovery from your injury as possible.

Contact us and request a free consultation for more information today.