Learning the Basics: Personal Injury Law
Sep 14, 2021 12:31 PM EDT
When you suffer from a personal injury, it is essential that there is evidence to prove that the other party is at fault for your wounds and financial loss. Personal injury attorneys know what is required to show the other party is liable for your damages. This means that the other party has performed some form of neglect. To prove neglect, this demands that the other party owed you a duty, breached that duty, caused harm and that these actions resulted in damages.
The Basics of Personal Injury
When you are getting compensation for your personal injury, the most crucial aspect is identifying who is at fault and how. Your lawyer will connect the dots to expose who is liable for your losses. You can access personal injury attorney advice on how they make this happen.
Who Is At Fault
Your personal injury attorney will have to show that the other party is neglectful by revealing how they owed you a duty, breached that, caused a personal injury, and created damages.
Duty Owed to You
Your personal injury could have been caused by a car crash, product liability, slip and fall, medical malpractice, dog bite, or worse. The other party owes you a duty by behaving responsibly or by providing a service to you. If their activities were somehow neglectful, resulting in an unplanned accident that could have been easily avoided, then they owed a duty to you. For example, other drivers should be following the rules of the road, and dogs should be kept on leashes if untrained.
Duty is Breached
When the other party acts irresponsible, that results in your harm, then that duty was broken. They failed to perform preventative measures to keep you safe. This can be a case where the premises owner didn't fill the potholes on their business property. When you sprain or break your ankle because there were no warning signs, then they breached their duty to you. They are supposed to keep their property well-maintained.
Causation and Harm
The duty that is breached has to be the direct cause of your personal injury. You cannot have a previous injury or one caused by another activity unrelated to the other party. The neglect has to be correlated to your wounds.
Damages and Consequences
You cannot file a personal injury claim if you suffered no damages at all. Your attorney will need a reason to seek a settlement for you, but if you suffered no personal injury or pain and suffering, then you cannot receive compensation. The damages also have to be directly tied to your personal injury. The other party will not be expected to pay for expenses unrelated to your wounds.
Proving Your Case
With the evidence you provide for your economic and non-economic damages, your personal injury attorney will begin the process of negotiating your settlement amount. They contact other involved parties, their insurance companies, witnesses and start the conversation about your personal injury. If they cannot agree on a settlement, your attorney will file a lawsuit on your behalf and represent you in court.
More Information on Personal Injury Law
The beginning stages of a personal injury are stressful. However, a legal professional can guide you through the process and instruct you on the next steps.