Injuries sustained following an accident can have life-changing effects. If you have been injured as a result of another party’s negligence, you may have legal grounds to seek compensation for your medical bills and other losses. However, claiming compensation for your injuries can be a daunting prospect.
Whether you are hurt in a car accident or injured in a slip and fall accident, the vast majority of personal injury claims require you to prove that your injury resulted from someone else’s negligence. Proving negligence in a personal injury case requires three crucial elements:
1. A duty of care
The defendant’s duty refers to their responsibility to ensure other people’s safety. For instance, every motorist has a duty to observe traffic rules and avoid behaviors that can endanger other road users’ safety. During a personal injury lawsuit, the plaintiff must prove to the court that the defendant owed them some degree of duty.
2. Breach of duty
Breach of duty occurs when the at-fault party deliberately fails to exercise reasonable care or act in a reasonable and prudent manner to ensure the safety of the people around them. During your personal injury lawsuit, you must prove that the defendant neglected or breached their duty of care and that this neglect or breach resulted in personal injury.
Causation is determined by whether the at-fault party’s actions or inaction directly resulted in harm to the victim. Thus, you must prove to the court that the at-fault party’s negligence is the primary reason why you suffered the injury or damages you claim and that you would not have suffered any injury or damage if the other party had acted responsibly.
Like in any legal matter, personal injury claims are won or lost based on evidence. Setting aside time and effort to meticulously build every component of your case can mean the difference between getting the compensation you deserve for your injury and walking away empty-handed.