If you are injured at work or as a result of someone else’s actions or negligence, you may be eligible for injury compensation through a workers’ compensation or personal injury lawsuit. In order to collect these benefits, you need to be able to prove that you have a legitimate claim to compensation to the insurance company, an arbitrator or a judge. But what elements will you need to prove in order to secure your injury claim? We take a look at what you need to prove in order to win a workers’ compensation or personal injury case.
What To Prove In A Workers’ Compensation Case
Let’s begin by talking about the elements that you need to prove in order to collect compensation for a work-related injury, because winning a workers’ compensation claim is generally considered easier than winning a personal injury claim. The main reason for that difference is because you don’t need to prove that someone else was directly responsible for your injuries. In fact, you can be the sole cause of your injuries in a workers’ compensation case, so long as you do not intentionally cause your injuries.
There are three key elements that you will need to prove exist in order to successfully win a workers’ compensation claim in Minnesota. Those elements are:
- The existence of a compensable injury or occupational disease.
- The injury or occupational disease must arise out of the person’s employment.
- The injury or occupational disease must occur during the course of your employment.
Put simply, as long as you sustain a compensable injury while performing your work duties, you should be able to collect workers’ compensation to help offset medical expenses or lost wages. Even though it is simpler to collect an injury claim through workers’ compensation, it is still highly recommended that you hire an injury lawyer to prove your claim and help to maximize a compensation award.
What To Prove In A Personal Injury Case
The burden of proof in a personal injury lawsuit is higher because you need to prove that someone else directly contributed to your injuries. This doesn’t mean that they intentionally caused your injuries, but rather they hold the majority of fault for the existence of your injuries.
There are four elements that you’ll need to prove in order to win a personal injury claim in Minnesota. Those four elements are duty, breach, causation and damages.
- You must prove that the other party had a duty to prevent injury to another party.
- You must prove that the other party breached this duty of protection.
- You must prove that this breach of duty directly caused your injuries.
- You must prove the existence of damages as a result of the injury.
You can apply the duty, breach, causation and damages test to any injury situation. For example, let’s say that you were shopping at a store in the mall when you slipped on a wet tile and broke your leg. The business has a duty to keep its customers from getting injured, this duty was breached when you were injured on their property as a result of the wet tile, their inability to keep the tile clean or warn customers of the wet tile directly led to your injuries, and your damages are the medical bills you incurred as a result of your slip and fall. In this instance, it would be very likely that you would have a valid personal injury claim against the store.
Again, a personal injury case is best handled with a personal injury lawyer, because the business will certainly make arguments against your claim, and if you don’t know how to properly rebuttal, your claim may be denied even if it was vested in the truth. Not only will a lawyer help you get the compensation you deserve, but they can oftentimes collect more money than you’d be able to secure on your own, effectively paying for their services!
So if you need help proving a workers’ compensation or personal injury case in Minnesota, turn to Dean and the team at Margolis Law Firm. We’ve helped many clients get the compensation they rightfully deserve, and we can do the same for you. For more information, or to learn more about a potential claim, reach out to Margolis Law Firm today at (952) 230-2700.
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