If you've been wounded in an accident caused by another party's oversight, you have the right to file a personal injury lawsuit. The success of your case, however, hinges on how well you can establish four legal elements. While an attorney well-versed in personal injury law can help you file your claim, you should still understand how the following factors apply to your case. 

4 Elements of a Personal Injury Case

1. Duty of Care

Duty of care refers to one's legal or moral obligation to avoid putting another person in harm's way. The duty of care depends on the type of accident and the parties involved. For example, in slip and fall accidents, property or business owners have a duty to keep their property safe. In road collisions, motorists have a duty to carefully and responsibly operate their vehicles to avert accidents. Personal injury law requires that reasonable steps are taken to guarantee others' safety.

2. Breach of Duty

After establishing the duty of care, you must show that the defendant failed to fulfill this responsibility. Doing so can be as simple as attesting that a grocery store had not placed a wet floor warning sign or a driver had run a red light. Note that it's critical that you can verify that the defendant failed to behave or act with the same level of care another person or business in the same situation would have given.

3. Causation

Next, you need to demonstrate that the defendant is legally responsible for your injuries because they breached the duty of care. For example, imagine if a car was hit because another driver didn't heed the stop sign at an intersection. Personal injury law varies by state, so it's best to seek the counsel of a reliable attorney to determine how the burden of proof can affect your case.

4. Damages 

Injuries and damages dictate whether or not you have a valid negligence claim. Without these, you can't ask for compensation since you suffered no harm. Once you submit proof that you sustained injuries or property damages, you can receive compensation for lost income, medical costs, disability, or your pain and suffering. 

If you need a lawyer to guide you in your negligence claim, the office of Darryl L. Jones, Attorney at Law in Palmer, AK, can provide you with first-rate legal services. For over 30 years, this esteemed law firm has been fighting for their clients' rights when it comes to personal injury law, criminal law, divorce law, family law, and wills and estates. Call their office today at (907) 746-9851 to schedule your initial consultation or visit their website to get in touch with them online.