If you were hurt in a car accident that was not your fault, you still need to prove that the other party or parties involved were liable before you can secure compensation. To discuss possible strategies for doing so with a skilled personal injury attorney, turn to the Law Offices of Lawrence W. Henke, III in Dayton, OH. Below, their legal team discusses the four elements you must prove in order to win your case.

The 4 Elements Needed to Prove Negligence in a Personal Injury Lawsuit

1. Duty of Care

The precise duty of care will depend on the circumstances of your accident, but in all personal injury cases, it refers to the duty the defendant had toward you to prevent serious injury. For example, motorists have a duty of care toward one another to abide by all traffic laws, and retail store owners have a duty of care to warn customers of wet or slippery floors.

2. A Breach of Said Duty

After establishing that the defendant had a reasonable duty of care toward you, you must prove a breach of the duty occurred. Driving while intoxicated and running red lights are just two examples of motorists breaching their duty of care toward other drivers and pedestrians.

3. Injuries as a Direct Result

The breach of duty must have caused injuries or damages. If your doctor fails to diagnose a medical condition and the doctor from whom you seek a second opinion makes an accurate diagnosis several weeks later, you do not have a valid lawsuit against the first doctor if you did not suffer any damages as a result. The first doctor might have breached his duty of care, but you must have sustained damages in order to pursue compensation.

4. Measurable Damage

If the accident had never happened, would your financial situation be any different? You must be able to prove your injuries are quantifiable and that a monetary settlement will restore your financial security, which your injuries have threatened.

If you think you have a valid personal injury claim on your hands, turn to the Law Offices of Lawrence W. Henke, III to discuss your case. Visit the firm online to explore their experience in personal injury law, and call (937) 461-9330 to schedule a consultation today. You can also find the legal team on Facebook.