Personal injury claims are some of the most common types of lawsuits. To prove and win a personal injury lawsuit, you must begin by establishing the cause of action that resulted in the injury. Understanding these elements can make it easier to determine whether your claim has merit or not.
Here are three crucial elements that you need to prove liability in a personal injury lawsuit:
You were owed you a reasonable duty of care
A duty to exercise reasonable care refers to the responsibility the defendant had to prevent your injuries in the first place. This is the amount of care any reasonable person would exercise under any given circumstances. For instance, every motorist has a duty of care to pay attention to the road and avoid endangering other road users.
The duty of care was breached
Negligence forms the basis of most personal injury claims. Basically, you can argue negligence when the defendant fails to act in a way that is consistent with their reasonable duty of care. For example, if another driver hits you because they had their eyes on their cell phone, that’s a breach of their duty to drive safely.
Your injuries resulted from that breach of duty
You have to show a direct line between the other party’s actions (or inactions) and your injuries. For example, the fact that you were bleeding from a head wound right after the wreck tends to show that the other driver’s mistake led to your concussion.
If you have sustained an injury as a result of someone else’s negligence, you have the right to file a personal injury claim. Learning more about your options is wise.