What Are The Elements of a Personal Injury Claim?
If you sustain injuries in an accident because someone else acted in a reckless or dangerous manner, you may wonder whether you should pursue a legal claim against that party. In order to recover in a personal injury claim, there are four main elements that you must sufficiently prove. An experienced personal injury attorney in Alpharetta can evaluate the facts and potential evidence of your case to advise you on the likelihood of proving these elements and prevailing in a personal injury case. The following are the four personal injury elements required to file a lasting claim.
1. The other party had a duty of care.1
In order for the court to not dismiss your case from the start, you must demonstrate that the defendant against whom the claim is brought owed you a legal duty of care. Examples of a legal duty may include the following:
- 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.
Note that “reasonableness” is an important aspect of a duty of care.
2. The other party breached their duty of care.
Once you have established that the defendant had a duty, you must then present evidence that the defendant did not live up to that duty of care. This can include driving while intoxicated, texting and driving, failing to inspect your property, and much more.
3. 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 an auto accident would not have happened but for the defendant’s distracted driving.
4. You suffered losses.
In order to receive damages2 from the defendant, you must show that you suffered actual losses as a result of the accident and your injuries. Such losses may include pain and suffering, medical expenses, emotional trauma, lost income, and more.
Contact an experienced Alpharetta personal injury lawyer for help today
Personal injury claims may involve many legal issues and you always want to make sure you have an experienced auto accident attorney representing you. Call the office of Boling Rice, LLC at (770) 355-0780 for a free consultation today.