What are the elements of a personal injury claim?

What are the elements of a personal injury claim?

Personal injury claims need some elements to be met. Duty, breach of duty, causation, and damages are the elements you need to claim a personal injury. Four elements, if available in your case, then you have a personal injury claim against the defendant.

Duty of the person to exercise reasonable care.

The breach of the duty of care is the first element in your personal injury claim. The reasonable care that is owed by someone differs depending on the type of situation we examine. Drivers on the road owe a duty of care, and if they breach that duty of care, they will be at fault. For instance, in a car accident, we have to prove that the other driver was at fault and owed a duty of care to the victim. If we proved that the at-fault driver failed to yield the right of way to the victim, for example, then the at-fault party breached his duty of care to the victim.

Breach of duty.

Proving that the at-fault party breached the duty of care is considered the second element in a personal injury case. For instance, if someone was driving, talking on the phone or watching videos during driving and the driver failed to yield the right of way to another driver or failed to stop at a stop sign, then the at-fault driver will be liable.

What if the at-fault driver said I did not mean to harm the other driver? Does that make any changes? NO. An at-fault person will be liable even though the person did not mean to harm others. The liability will be increased to recklessness when the breach is severe such as driving under the influence of alcohol or drugs.

The other party’s negligence will be considered in personal injury cases. If someone was driving at high speed and caused an accident, but at the same time, the other driver ran a red light. Then, the court will weigh who is at fault, the fault that contributed to the accident and then decide on the case.

Causation.

Injuries caused by the accident should be connected to the breach of duty of care. That means the at fault party failure to exercise reasonable care was the actual cause of the injuries. The negligence of the at fault party should contribute to the accident and injuries.

Suffering actual damages.

A person could recover in a personal injury case if the last three elements are met besides suffering actual damages. What does it mean to suffer actual damages? It means that a person should suffer actual damages as a result of the negligence of another person. Injuries can be personal injuries or property injuries. The purpose of the personal injury claims is to compensate the victims, and for this reason, there must be actual damages to compensate in the case. Let’s imagine that someone was speeding, and suddenly the driver noticed the stop sign and stopped on time before touching the other driver. That means there were no damages, and the other driver cannot bring a personal injury lawsuit against the driver who was speeding.

Our law firm was created to help and support you in your claim. Throughout your claim process, you may face some legal issues and concepts that you are unfamiliar with. Contact our law firm, and we will fight for your rights and settlement.

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