Filing a Personal Injury Case
December 30, 2021
A person may be liable for injury to another, if they failed to show reasonable care that was warranted for the situation. The laws surrounding personal injury cases can be complex, and most people don’t know where to begin. If an accident has occurred to you or a family member, which led to injury and financial loss, and another person was at-fault, then you may qualify for taking legal action.
The four elements of every personal injury case are listed below:
- Defendant owed the plaintiff a duty of care.
- Defendant breached that duty of care.
- Due to the breach, the plaintiff suffered injury/loss.
- The plaintiff’s injuries were directly caused by breach.
The defendant has the right to build their case to refute any aspect of the plaintiff’s claim. If the defendant is successful, then the plaintiff’s claims are invalid. This is why it is so important that victims have a legal team who is experienced and well-versed in handling personal injury cases.
Since a personal injury lawsuit is based on recklessness or negligence, the big question is whether the defendant owed a duty of care to the other. The defendant will be responsible for the victim’s injury costs, losses, and other damages if it can be proven that they failed to utilize reasonable care, which led directly to the plaintiff’s harm. By definition, negligence may include the failure to act as another reasonable person would in that situation, or behaving in a manner that another reasonable person would not have.
Being in an accident where another person was at least partially responsible can be immensely stressful for the victim, and can cause their lives to be turned upside down. As our personal injury lawyer would take action shortly after a personal injury accident is strongly recommended.
