When filing a personal injury case, it’s up to the plaintiff or the one claiming they have suffered personal injury to prove specific elements of the case. If you think that you may be a victim of a personal injury and are considering filing a claim, it’s ideal to have all the facts upfront and be able to show through proof that the other party was, in fact, at fault, resulting in the accident and injury. Before heading to the courthouse, learn five legal things personal injury cases must prove to win.
1. Duty of Care
Duty of care means that the defendant, or person being accused of causing the personal injury, had a legal obligation to prevent harm or accidents from occurring. The plaintiff has to prove that the defendant owes a duty of care. An example of this is people on the road. As a driver, you must obey all traffic laws to prevent accidents. If the defendant wasn’t doing this, an accident occurred, and the plaintiff has a basis for the duty of care.
2. Breach of Duty
Breach of duty goes along with the duty of care. In this case, the plaintiff can show that the defendant acted or failed to act as any reasonable person would have in the same situation. For example, speeding and causing an accident would be a breach of duty.
3. Causation
Two different types of causation typically have to be proven to show that injuries occurred because of the breach of duty. The first type of causation is actual cause or cause in fact. This indicates that the injuries wouldn’t have been sustained without the defendant acting in the way they did. The other type of causation is proximate cause. This is a requirement of proof that shows the injury resulted from the defendant’s actions as a natural consequence.
4. Damages
Several types of damages can be brought up in a personal injury case. However, they must be accompanied with evidence. Some of the damages that may result from an accident of this nature include physical, emotional, loss of income, medical costs, and any other costs that were the direct result of the injury. If the plaintiff and their personal injury attorney cannot prove there were damages, the case will not succeed.
5. Wrongful Conduct or Negligence
Finally, wrongful conduct or negligence is the last piece of the case that must be proven in order for it to be successful. The plaintiff must be able to produce evidence that shows the defendant failed to act as a reasonable person in the same situation with an equal amount of care. This includes but is not limited to reckless behavior and intentional acts.
Each of these factors is crucial to winning a personal injury claim. Remember that you can’t just claim them as true; you must have proof or evidence to support your statements. Also, be aware that laws and elements vary between jurisdictions, so it’s a good idea to check with your local government to see the expectations if you’re considering filing a personal injury claim in court.
