Accidents can occur anytime and anywhere. It is important to know what to do when it happens. If you have sustained injuries due to another person’s negligence, then you are eligible to pursue a personal injury claim.
In the personal injury claim process, your main motive is to get fair compensation for your injuries and losses. Winning any personal injury case is a challenging task. That’s why it’s important to know the right way.
The Elements of Personal Injury Law
To win your personal injury claim, the four elements below should be established.
- Duty of care
- Breach of duty of care
Duty of care
Duty of care is the first element that you should prove. All citizens owe a duty of care to their fellow citizens. To win a personal injury case, the victim must prove that the at-fault party had a certain duty of care for the victim.
Breach of duty of care
Once the duty of care has been established, it’s easy to prove its breach. A breach of duty of care occurs when the at-fault party fails to fulfill the duty of care that was expected of them.
As a victim, you should prove that the at-fault party breached that duty of care.
Next, the plaintiff should prove that the at-fault party’s breach of duty of care caused their injury. This is known as causation.
A car driver who jumped a red light has breached the duty of care that was expected of them. The same driver ramming into another vehicle that had the right of way caused the accident in which the victim was hurt.
And the fourth element is damages. You should prove that you sustained damages.
This means that the victim suffered actual damages because of the accident caused by the at-fault party.
For instance, the victim’s attorney uses medical records and testimony from the doctor to prove the extent of their injuries in a slip and fall case.
The best way to prove the elements of personal injury law is to take advantage of evidence.
How can Evidence Help You Establish the Four Elements?
Evidence is important if you want to win your personal injury claim. It will prove the severity of your injuries and many other things.
The evidence you need to collect includes:
- Photos of your injuries and accident scene
- Accident-related medical records and bills
- Police reports
- Witness statements
- CCTV footage
- Contact details of eyewitnesses
Keep in mind that the evidence you gathered should show the full extent of your injuries and how they affected your routine life. It is important to maintain an injury diary or journal.
By keeping an injury diary or journal, you can mention how much pain you are suffering, how your injuries are recovering, and what medical treatments you need.
Consult a Personal Injury Attorney to Help You Win
One of the best ways to win your personal injury claim is to consult a personal injury attorney. A personal injury attorney has knowledge and experience handling cases like yours. They can help you by:
- Evaluating your case and advising you on your legal options
- Communicating and negotiating with the insurance provider
- Filing a lawsuit and also taking your case to trial if needed
- Answers all your legal-related queries
By having a personal injury attorney by your side, you can avoid common mistakes like accepting a low offer or missing deadlines.
Pursuing personal injury claims is not a simple thing. However, following the above information will help you win your personal injury claim.
If you or a loved one has been injured in an accident, it is better to seek legal assistance from an experienced attorney.
An experienced attorney can help you with the whole legal process and also help you get fair compensation.
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