Personal injury law is a complex field, especially for those seeking justice. According to statistics, accidents or unintentional injuries are in the 4th position among the leading causes of death in the US. If you or your loved ones have faced injury or loss of life due to the negligence and ignorance of others, you can file a personal injury case to get compensation.
Proving the elements of personal injury law is necessary to obtain compensation. You will need the help of experienced personal injury lawyers to prove these elements. Visit LawAMPM.com to learn how a lawyer can help you prove the elements of personal injury law and obtain fair compensation for your losses.
This blog post discusses the four elements of personal injury law that you must prove. Read on to learn more.
Duty of Care
The presence of a duty forms the foundation of any personal injury claim. It means that it is the person’s responsibility to behave responsibly so as not to cause harm to others.
For example, if you are driving a car, you must stop if there is a stop sign. You are liable if you breach this duty and crash into another vehicle. Another example is that businesses must ensure their premises are safe for employees and customers.
Breach of Duty of Care
In your personal injury claim, first, your lawyer will establish the presence of a duty. But it is not enough. You need to prove that the at-fault party breached the duty of care they owed to you.
For example, a surgeon operating on a patient while they were drunk is a clear breach of the duty of care they owed to the patient.
It is the direct link between the injury caused by the negligent party. You have to show that the at-fault party’s failure to exercise their duty of care is the reason for the accident.
There are two elements:
- Cause in fact: It means that you have to prove that there will not be any injury if not for the defendant’s actions. It questions if the victim would have suffered without the at-fault party’s actions.
- Proximate cause: You must demonstrate that the damage was a foreseeable consequence of the breach of duty.
Suffered Actual Damages
In the final element, you have to prove that you have suffered damages as a direct result of the accident. To file a case, the victim must have suffered actual damages. The damages could be financial, physical, or emotional. Damages include tangible and intangible assets; some common types of damages are:
- Lost income
- Medical costs
- Vehicle damages
- Pain and suffering
Remember to always document and keep a record of the payment you make for your losses. It will be easier to show how the victim was harmed.
Summing up, being in a situation where you have to file a personal injury claim is already challenging, and to ensure success, you must thoroughly understand the above four elements of personal injury law. Personal injury lawyers have intricate knowledge that can help you make your case stronger, and hence you do not have to fight alone to seek justice.