Personal injury claims can come from any number of unfortunate events, from auto accidents to medical malpractice. The source of the injury doesn’t matter nearly as much as the injury itself—as long as you can prove a few key factors, you can hold a business or individual responsible and receive financial compensation. Read on to learn the essential elements of a personal injury claim.
Duty To Exercise Reasonable Care
As the plaintiff, you and your lawyer must first prove that the defendant had a duty to exercise reasonable care when you were injured. For example, every driver must exercise reasonable care on the road (they should stop at stoplights and not text while driving, etc.).
Failure To Exercise Reasonable Care
Next, you must prove that the defendant did not exercise reasonable care. For example, if the other driver did stop at the stoplight, your case may not be as strong. Remember, the defendant’s intent is not as important as the action itself. Negligence is no excuse to fail to exercise reasonable care. Texting while driving does constitute this failure.
Cause and Damages
Even if the other party was texting while driving, you won’t win your case unless you can prove that they caused your injury. If you hit their car with yours while they weren’t exercising reasonable care, they did not cause the accident.
Additionally, you must suffer actual damages to file a claim. This could be anything from medical income to lost wages to pain and suffering, but there needs to be something.
A Great Lawyer
Finally, it’s nearly impossible to secure financial compensation without a great personal injury lawyer. They know the ins and outs of the court system and have experience proving exactly what you need them to. Don’t risk your payout by trying to handle the case yourself—let the professionals do their job.
Now that you know the essential elements of a personal injury claim, work with a lawyer to get the justice you deserve.
