The Essential Elements of a Personal Injury Lawsuit or Claim

An injury suffered due to the negligence or wrongdoing of another party can be a traumatizing experience. In such cases, filing a personal injury lawsuit or claim may be the best course of action to seek compensation for the damages you have suffered.

You must understand the essential elements needed to build a strong personal injury case. Here is an overview of the key elements of a personal injury lawsuit or claim and how they can help you get the justice you deserve.

Duty of Care
Duty of care refers to the defendant's responsibility to the plaintiff in a personal injury lawsuit or claim. This contractual obligation—which calls for the defendant to behave in a specific way—develops when a relationship between the defendant and the plaintiff emerges. This duty of care also defines the level of care that a prudent person would exercise in the same situation.

Depending on the circumstance, duty of care can entail a driver using caution while driving, a business owner taking steps to prevent slips and falls, or a doctor giving care per accepted professional standards. The defendant will be accountable for any injuries the plaintiff sustains if they breach this duty of care.

Breach of Duty
Breach of the defendant's duty of care occurs when the defendant fails to act with the degree of caution that a reasonable person would under the same or similar circumstances. The burden of proof to show that the defendant breached their duty lies on the plaintiff.

For example, the plaintiff can present evidence of the defendant's negligent or dangerous behavior, such as speeding, driving while inebriated, neglecting to pay attention to pedestrians, or failing to yield to pedestrians.

The victim's contribution to the breach of duty of care is a significant factor in the evaluation of responsibility. A personal injury claim made by an accident victim who was also negligent could limit or prevent their recovery. Whether either driver's carelessness contributed to the collision will determine how the case proceeds.

The defendant might be unaccountable for all of the victim's damages if the victim contributed to the accident somehow. In addition, the plaintiff cannot seek compensation if their negligence had a significant role in the incident.

Cause in Fact of the Injury
In a personal injury claim or lawsuit, the plaintiff must demonstrate that the defendant's activities were the real reason for the plaintiff's injury. This proof is the "cause in fact" of the harm, also commonly referred to as "but-for" causation. Evidence like testimonies, images, recordings, or medical records can support this claim.

Proximate Cause
Proximate cause of harm describes the defendant's accountability and whether the defendant might have reasonably anticipated harm due to their actions. The defendant must have known that the injury the plaintiff experienced was possible and that the defendant should have been aware that their acts would result in such harm.

For instance, suppose a motorist drives through a residential area and disregards a stop sign. The motorist then runs into a pedestrian crossing the street. The pedestrian must demonstrate that the motorist should have anticipated the harm would result from their acts to establish proximate causation of the harm.

In this instance, the motorist should have been aware that high speeds in a residential area and failure to halt at a stop sign will endanger the pedestrian.

Damages and Harm
The plaintiff must show that the defendant's lack of due care caused the plaintiff harm. Physical injuries, loss of property, medical expenses, lost wages, pain and suffering, or impairment are just a few examples of the harm that might result from the defendant's negligence. The plaintiff will have no foundation for a lawsuit or claim if the careless behavior does not actually cause any harm or damages.

Contact us at Frank W. Thompson Attorney At Law Erwin & Thompson LLP to receive legal assistance with personal injury lawsuits and claims.