Like a lot of legal issues, certain factors need to be present in order for one party to have a valid claim, and personal injury law is no different. In order to succeed on your quest for personal injury compensation, you must prove that a few specific criteria were met at the time of your injury. In today’s blog, we take a look at the four elements that must exist for an injured party to win a personal injury lawsuit.
Elements Of A Personal Injury Lawsuit
In order to win a personal injury case against a business or another party, these four elements must exist and be proved in court.
A Duty Of Care – To get the ball rolling on your claim, you must prove that one party had an obligation to keep the other party safe. For example, a business is required to provide a duty of care for any of its customers. Similarly, property owners are required to ensure visitors are free from risks and hazards that could cause injury. A personal injury lawyer can help establish how one party was obligated to provide a duty of care.
A Breach In The Duty Of Care – Once duty of care has been established, you must prove that the other party failed to uphold their obligation of keeping you safe. There are a number of ways you can prove this breach, and it’s important to remember that the other side does not need to intentionally cause this breach. If you slipped in a department store or your child was injured on a neighbor’s trampoline, you can argue that they failed to keep you safe while on their property, even though they didn’t intentionally act in a way that would cause injuries. Sometimes inaction or assumed risk can be enough to establish a breach in the duty of care.
The Existence Of Causation – The next element is the existence of causation. This means that you need to prove that another party’s actions or inaction directly resulted in your injuries. For example, if you tripped on the sidewalk because a property owner didn’t remove ice or because the city did not fix uneven portions in a timely manner, you can argue that another party’s actions or inaction led to the onset of your injuries. Sometimes the other party may argue that you caused your injuries, and while you may have some fault in the accident, it doesn’t absolve the other party of their role. Again, a lawyer can help develop an argument that shows a clear existence of causation.
Damages – Finally, in order to get compensation, you need to prove that there exists something that you should be compensated for. Things like lost wages, medical bills or pain and suffering are all types of damages for which you can be compensated. While it may be easy to determine how much you should be compensated for lost wages, putting a dollar amount to pain and suffering can be complicated, which is why it’s smart to involve a personal injury lawyer.
If you need help proving all four of these elements, pick up the phone and call Dean and the team at Margolis Law Office today.
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