What Are The Elements of a Personal Injury Case?
If you or someone you know was injured in an accident that was caused by someone else’s negligence, you may qualify for compensation under personal injury law. If the accident is based on negligence, the injury victim has to show reliable evidence that the at-fault party was responsible for what happened and the injuries they sustained. It will be crucial that you discuss your case with a lawyer who understands the complex nature of personal injury law before moving forward.
In order to have a strong personal injury case, there are some elements that have to be true for the situation. Generally, a person will be held responsible for negligence if they did not demonstrate reasonable care and, because of that, had hurt somebody else to such a degree that it necessitated medical treatment. When a lawyer assesses a potential personal injury case, there are a few factors that will be focused on:
- Whether the defendant owed a duty of care to the plaintiff
- Whether the defendant breached his or her duty of care
- Whether the defendant was injured due to the breach of duty
- Whether the defendant experienced quantifiable loss
A defendant does have the right to object to any part of the plaintiff’s claim, and if they are successful, then the claim will be deemed invalid. This is why it is so imperative for victims to seek out a personal injury lawyer so that they know whether their situation has these elements before proceeding. If a lawyer feels that there is sufficient reason to take this case on, then they will perform a more in-depth investigation. It is possible that there is more evidence that supports the victim’s claims aside from what the victim already knows. Examples of evidence that will be useful in a personal injury case include:
- Medical documentation
- Photographs and video
- Witness statements
- Expert testimony
- Receipts to replace or fix the property
- Earning statements from work
- Street camera footage
If a personal injury case is based on negligence, the most important question that will be assessed is whether the defendant owed a duty of care to the plaintiff or not. Establishing this connection is going to be vital to the outcome of the personal injury case. If the plaintiff wins, then they may receive compensation for medical bills, loss of earnings, rehabilitation, medications, property damage, pain and suffering, and other types of damages. A personal injury accident can result in not only physical injury to the victims, but also interfere with their everyday way of living. Some people may have new injuries or conditions that they have to manage because of the accident, which means current and future medical expenses must be factored into the compensation amount.
Our personal injury lawyer friends from Presser Law, P.A. can also attest to the fact that personal injury cases can be complex, and victims often require help from a reputable legal team. Those who have been injured because of another’s reckless action, or negligent inaction, should learn more about whether their situation meets the criteria for filing a personal injury claim.
Posted on August 11, 2022 @ 7:18 pm