Personal injury claims are a way for those who have suffered injuries due to someone else’s negligence to seek compensation for their damages. Filing a personal injury claim can be emotionally overwhelming and difficult to navigate on your own. If you’ve been injured due to the negligence of another person and want to file a claim, it’s important to know the basic elements of a successful personal injury claim.
The first element is the duty of care. This means that the person or entity that caused your injury had a legal obligation to act in a way that would not cause harm to others. For example, a driver on the road has a duty to follow traffic laws and drive in a safe manner to prevent accidents.
The second element is a breach of duty. This means that the person or entity that caused your injury failed to meet their duty of care. For example, a driver who is texting and driving has breached their duty of care by not paying attention to the road.
The third element is causation. This means that the breach of duty directly caused your injuries. For example, if you were hit by the texting driver and suffered injuries, the driver’s breach of duty caused your injuries.
The fourth element is damages. This means that you suffered actual damages as a result of the injury. These can include medical bills, lost wages, pain and suffering, and more.
Other Elements
It’s important to note that to successfully pursue a personal injury claim, you must also be able to prove negligence and injuries. Negligence is the failure to exercise the level of care that a reasonable person would in a similar situation. Injuries must also be proven through medical records, documentation of missed work, and other evidence.
Who Is Liable?
Of course, you will also need a liable party to make a personal injury claim. The liable party is typically the person or entity whose negligence or wrongdoing caused the injury. This could be an individual, a company, a government entity, or even a healthcare provider.
To determine liability, it is important to establish that the defendant had a duty of care to the plaintiff, breached that duty, and caused the plaintiff’s injuries. The specific circumstances of the case will determine who may be liable, and it often requires the help of an experienced personal injury attorney to determine all potentially liable parties. In some cases, liability may be shared between multiple parties, such as in cases involving car accidents where both drivers may share fault.
Contact Joudeh & Kuller – Serious Injury Attorneys
If you or a loved one has suffered a personal injury due to someone else’s negligence, it’s important to seek legal assistance as soon as possible. At Joudeh & Kuller, our experienced attorneys are dedicated to fighting for your rights and getting you the compensation you deserve. Contact us today to schedule a free consultation and find out how we can help you with your personal injury claim.