Every time you see a personal injury law firm’s advert on TV, you might be left with the impression that all personal injury cases are exclusively car accident injuries.
While most of these claims are usually from auto accidents, personal injury cases are varied and include product liability claims, slip-and-fall accidents, medical malpractice claims, and even wrongful death claims.
The primary purpose of personal injury claims is to compensate victims for both economic and non-economic losses suffered as a direct result of the incident. Economic damages are quantifiable and include lost income, medical expenses, and auto repair costs in the case of a car accident.
Non-economic losses are non-quantifiable and include pain and suffering, loss of enjoyment of life, emotional anguish, and loss of consortium for married people.
Personal injury claims and compensation vary greatly based on your geographical location, nature of the incident, and severity of injuries suffered.
However, the elements that apply to these cases are generally similar everywhere. To win a personal injury case, you have to prove four crucial elements: duty of care, breach of duty, causation, and damages.
Let us discuss each of these elements in detail below.
1. Duty of Care
The first element of your personal injury claim is the existence of someone else’s legal duty of care. The assumption is that every person is responsible for exercising a degree of caution and care that any rational person would exercise in a given situation.
If your case involves a car accident, you must establish that the person at fault owed you a duty of care. This is quite simple to prove as long as you were in the vicinity of the other driver and you were not breaking any traffic law. A duty of care is owed by motorists, motorcyclists, pedestrians, and bicyclists.
The reasonable care owed depends on the situation. For instance, if strong winds blow someone’s trampoline into the highway and it results in a fatal accident, the jury will assess whether the trampoline owner should have reasonably secured it before the strong winds.
If your case involves a slip and fall, the court will assess if the property owner should have done something that could have prevented the accident. The primary objective is to establish that someone acted negligently, leading to an accident that caused you injuries.
2. Failure to Exercise Reasonable Care
The second element of your personal injury case is showing a breach in exercising reasonable care that resulted in the accident. This is usually a direct result of negligence on someone else’s part.
Negligence is basically carelessness. It can be either intentional or unintentional. Intentional negligence occurs when someone knows about a dangerous situation but does nothing to fix it or warn others.
Unintentional negligence occurs when someone should have known about a dangerous situation but failed to take the necessary precautions.
For example, if you are involved in a car accident caused by a drunk driver, it is easy to show that there was a breach of duty of care as driving under the influence is against the law.
If you are involved in a slip-and-fall accident, the court will determine if the property owner breached their duty of care by assessing if they had prior knowledge of the dangerous situation and failed to take necessary measures.
3. Causation
The third element of your personal injury claim is causation. This means that you need to show that the breach of duty of care led to the accident, resulting in your injuries.
This is usually the most challenging element to prove as you need to establish a direct link between the negligent act and your injuries. For example, if you are claiming for whiplash after a car accident, you need to show that the other driver’s negligence was the direct cause of your whiplash and not something else.
You will need the help of a medical expert to establish the causal link between the accident and your injuries. The expert will assess your medical records and give their opinion on whether your injuries were caused by the accident.
4. Damages
The fourth and final element of your personal injury claim is damages. You need to show that you have suffered some form of loss because of the accident. The most common type of damages awarded in personal injury cases is compensatory damages.
Compensatory damages are intended to compensate you for your losses. They can be either economic or non-economic. Economic damages have a monetary value attached to them, such as medical bills, lost earnings, and property damage.
Non-economic damages are more difficult to quantify as they do not have a monetary value attached to them. These include pain and suffering, emotional distress, and loss of enjoyment of life.
In some cases, the court may award you punitive damages. These damages are mend to punish the negligent party for their actions. They are usually only awarded in cases of gross negligence.
Proving Your Personal Injury Case
Now that you know the four elements of a personal injury case, you need to gather evidence to support your claim. The most crucial piece of evidence is your medical records.
Your medical records will document your injuries, the treatment you received, and the prognosis for your recovery. They will also be used to calculate your economic damages.
Other essential pieces of evidence include witness statements, photos or videos of the accident scene, and any police reports.
Conclusion
A personal injury case can be complex and time-consuming. But if you have suffered an injury because of someone else’s negligence, you may be entitled to compensation.
An experienced personal injury lawyer can help you navigate the legal process and ensure that you have the best chance of success.
