Personal Injury Claim – FAQ
In order to recover in a personal injury claim, there are four main elements that you must sufficiently prove. Be sure to contact an experienced Alpharetta personal injury lawyer to evaluate your case.
- The other party had a duty of care
For the court to not completely dismiss your case from the start, you must demonstrate that the defendant owed you a legal duty of care.
Some examples of duty of care include but is not limited to:
-A driver must drive in a reasonably safe manner.
-A property owner must keep the premises reasonably free from hazards or dangerous conditions.
-A product manufacturer must design, produce, and sell products that are reasonably safe for their intended use.
- The other party breached their duty of care.
Once you have established that the defendant had a duty, you must then provide evidence that the defendant did not live up to that duty of care.
Some examples include but are not limited to:
-Texting and driving/distracted driving
-Failing to inspect your property
- The breach caused you injury.
It is not enough to simply show that the defendant breached a duty of care and that you were injured. Instead, you must show causation between the breach and your injury. For example, you must demonstrate that the car accident would not have happened if it had not been for the defendant’s act of checking email on a smartphone while they were driving.
- You suffered losses.
In order to recover damages from the defendant, you must demonstrate that you incurred actual losses due to the crash and your injuries. Such losses may include pain and suffering, hospital bills, PTSD, lost wages, and more.