With every personal injury claim, there are certain elements that have to be met. Once all these elements are met, and the jury is convinced that they are met, then the plaintiff is likely to be given compensation for the injuries and damages that they suffered. These elements are referred to as duty, breach of duty, causation, and damages. If you’re not sure whether you meet the qualifications for filing a personal injury lawsuit, consider reading the following information below.
Duty Of Reasonable Care
Showing that there was a duty of reasonable care between both parties at the time of the accident is essential for any negligence claim. For example, each person has a duty to drive their vehicle safely when on the road. Laws and speed limits are established for a reason, often to keep people as safe as possible. If you think that someone owed you a duty of care in a certain situation and failed to do so, it may warrant contacting a legal team for advice, according to the lawyers at Council & Associates, LLC.
Failure To Use Reasonable Care
Another element of every personal injury case is proving that the offender did not meet their duty of reasonable care. As a personal injury lawyer explains, the individual responsible must have done something careless, such as drinking and driving, not stopping at a stoplight, or failing to maintain their vehicle. If the offender did not mean to harm someone, they would still be liable for not acting with reasonable care when they should have been.
Causation
The third element that has to be proven is causation. What this means is that a person failed to use reasonable care and had caused the injury of another to happen. If the victim had done something to contribute to the accident, then the compensation amount may be reduced by the percentage at fault. So even if you think you may have partially contributed to the accident happening, it doesn’t mean that you aren’t owed any monetary restitution at all.
Actual Damages Sustained
The last and final element of every injury claim is damages. To recover losses, there has to be actual damage sustained as a result of another’s recklessness or negligence. The intention of these claims is to compensate the victim who was injured, which may be an injury to themselves and/or their property. But if there was no injury or damages that resulted, then there is not a case for personal injury. The most common types of damages that may be provided through an injury claim included medical costs, lost income, vehicle damage, disability, and pain and suffering.
It is up to each person to act safely when the situation calls for it, and if not, there could be consequences for those actions. By understanding the elements of every personal injury case, it can give people a better idea whether their situation is worth pursuing compensation for. When someone acts negligently or without care for others, they may be found liable and have to pay for a victim’s injuries, losses, and damages.
