If you’ve been hurt due to another’s reckless behavior, you must be able to show evidence of liability before you can negotiate your claim or file a lawsuit. The personal injury attorneys at Lonneman & McMahan PLLC in Elizabethtown, KY, ensure clients have everything they need to successfully seek compensation and recover all the damages they deserve. To give you a sense of the process, they discuss what constitutes a valid case.
4 Necessary Elements of a Personal Injury Claim
1. Duty of Care
The first step in proving liability is identifying a duty of care between yourself and the defendant—or that they had a reasonable responsibility to keep you out of danger. It can refer to the moral and legal obligation to obey traffic laws to lessen the odds of causing an accident, maintaining a hazard-free workplace, manufacturing products that are safe for consumer use, and providing medical treatment that meets an accepted standard.
2. Breach of Duty
Next, you must show the defendant breached their duty of care. You and your personal injury attorney will gather evidence that demonstrates the negligent actions of the other party that led to your damages. This behavior may include reckless behaviors such as texting and driving, failing to remove snow and ice from the premises, or designing a defective product.
Causation plays an integral part in such cases. You must define a direct link between the defendant’s actions and your injuries. This can be one of the more challenging elements to prove, as there are often questions regarding pre-existing conditions. Witness testimony and photos of the scene where the incident took place, your damages, and medical records will all be crucial in supporting your claim.
Finally, you must confirm that you incurred significant damages from the incident and are entitled to compensation. Your losses can be both economical and emotional. This includes medical expenses, lost wages, diminished quality of life, pain and suffering, loss of companionship, and loss of earning capacity.
If each of these factors exists in your case, there’s a good chance you will be able to achieve a favorable outcome. The personal injury attorneys at Lonneman & McMahan PLLC will build a strong argument and provide quality guidance and representation during negotiations or litigation. Contact them at (270) 765-2190 to schedule a consultation, or visit them online to learn more about how they can benefit your claim.