People who are harmed in a wreck or incident that’s the fault of another person may opt to pursue a compensation claim. These cases often involve complex circumstances and must be handled carefully.
All personal injury claims must have specific elements present. These all work together to show the court that the defendant is liable for the damages associated with the injuries.
Duty of care
A personal injury case requires that the defendant had some duty to act with reasonable care. This can be the duty of drivers to follow traffic laws or a business owner to keep the business safe for customers.
Breach of duty
The defendant must breach that duty of care. This means that their actions, or lack thereof, fall short of what a reasonable person would do if they were in the same situation. Failing to stop at a red light or leaving spilled liquid on the floor are examples of a breach of duty.
Causation
Causation is the tie between the injuries the victim suffered and the actions of the defendant. This is a two-part element because it needs to show that the injury happened because of the actions of the defendant and that the defendant should have known the injury would occur.
Damages
Damages are the injuries the victim suffered because of the defendant’s action. These can be physical or other injuries. The purpose of a personal injury claim is for the victim to seek compensation for the damages they’re dealing with, so having an accurate account of the damages and the financial impact they have is critical.
