If the basis of your injury case is negligence, your attorney should be able to ascertain the four legal elements. Negligence is a key factor in most of the personal injury claims and lawsuits. In usual terms, negligence is a matter of carelessness or the failure to act in a responsible manner.
To support a negligence claim, you must be able to prove that the other party owes you a duty of care. And if you are injured by another’s negligence, your personal injury lawyer should take into account the elements of a negligence claim.
When can you file a Personal Injury Claim?
To file a personal injury claim, the victim must be able to prove that the fault party was negligent. Also, the victim’s lawyer should be able to prove before the court that the at-fault party is negligent. In case you want your injury claim to be valid, you should be aware of the four main elements. These four elements are as follows:
Duty of Care in Personal Injury Cases
Duty refers to the commitment to evade harming others. In a majority of cases, every individual possesses minimum duty towards others as responsible citizens. There is no denying the fact that in various situations, it is difficult to ascertain the duty. This is because no law exists, which dictates the way a person should behave.
A breach of duty takes place when the defendant fails to exercise humanly care. Breach of duty also occurs when the party-at-fault fails to act responsibly as any normal citizen should do. The behavior of the defendant is usually compared to an average person under that particular situation. In simple words, if the defendant didn’t fulfill his or her duty, the law will call that person negligent.
Causation is determined by whether the defendant’s actions directly inflicted damage to the defendant. As a plaintiff, you should be able to depict that the defendant’s negligence is the main reason for the damages. Your personal injury lawyer needs to study your case very minutely to determine this element of a personal injury claim.
In legal terms, damages refer to the physical and mental injuries of the plaintiff. If another’s negligence injures the plaintiff, there are various chances of lost income. Damages play a decisive role in negotiating your settlement with the insurance agencies. The extent of damages also determines the quantity of money you would receive as compensation.
Also, in many cases, both parties may have acted negligently. However, as always, one party is more at fault than the other. Thus, your lawyer should have the necessary skills to turn the case in your favor if both the parties have the same fault. Note that the elements, as mentioned above, should be documented to claim insurance or compensation from the party-at-fault.
If you believe that the injuries you suffered are the outcome of another’s negligence, hire a personal injury lawyer. But you should be aware of each State’s law related to personal injury while opting for an attorney.