Personal injuries can have a direct and negative impact on your life, and this is true whether you slip and fall while at work or are the victim of a serious auto accident. The good news is that filing a personal injury claim and obtaining compensation via this claim can help relieve some of the financial burden that you are experiencing as a result of the medical costs and other life-altering changes. However, in order for a claim to be valid in the courtroom, there are a few elements that must be proven by yourself and your attorney. Keep reading to learn the three successful elements of a personal injury claim.
Failure to Provide Duty of Care
Regardless of the situation, everyone has a certain duty to ensure reasonable care is exercised, which helps to ensure that others around them are safe. For instance, businesses should ensure that they are offering their customers a safe premise to visit, while drivers should ensure that they are constantly checking their immediate surroundings for pedestrians and other motorists. When pursuing a personal injury claim, it will need to be proven that the defendant failed to fulfill this basic responsibility through reckless behavior or negligence.
Apart from being required to prove that the defendant behaved recklessly or negligently, you and your lawyer must also prove that his or her actions contributed directly to the injuries of the plaintiff/victim. In the event that the plaintiff's own negligence contributed to his or her own injury, then the liability of the defendant will be minimized. An example of this happening is when a victim chooses to ignore a "wet floor" sign at a place of business.
It must also be proven that the victim has suffered monetary damages as a direct result of the accident that took place. In addition, the plaintiff must have proof of any and all damages that he or she is pursuing. Examples of these damages can include hospital expenses, lost wages, and even pain and suffering. In order to establish a case for these economic damages, a victim would need to have a copy of his or her hospital bills, detailed financial records, journal entries, and anything else that can show proof of damages.
If you have recently been injured and believe it was the direct result of another person or establishment's reckless or negligent behavior, schedule a consultation with a personal injury lawyer to discuss the details of your situation and find out what steps can be taken next.Share
10 September 2020
When a person is involved in an accident that's caused by someone else, they may need to speak with an accident and personal injury attorney. Mounting costs of medical care and time off from work can cause money problems for people who are injured. Those who hire an attorney can often receive monetary compensation from the responsible party. We aren't involved in the legal profession, but we do understand the stress that injuries and medical bills can cause. We've researched legal information and written this blog to help those who are in this situation. We hope the articles on our site will answer the questions you have about accident and personal injury attorneys.