When it comes to filing a personal injury claim for a car accident or another type of incident in which you suffered harm, you will have to show that the other party acted negligently. Whether the negligence was accidental or willful, there are specific conditions that must be met in proving every case. If you’re planning to discuss your case with an attorney, familiarize yourself with the ins and outs of personal injury cases with the guide below.

A Guide to Personal Injury Cases

Four Elements of a Personal Injury Case

Four conditions must be met when filing a personal injury case.

First, the plaintiff must show that the defendant owed them a duty of care. A duty of care is a responsibility for an individual’s safety under conditions in which they’re entrusted with the care of others. For instance, a store manager is responsible for ensuring that the floors in the establishment’s public areas are free of slip and fall hazards.

Second, the plaintiff must show that the defendant breached the duty of care. In looking at a car accident, a driver who ran a stop sign and subsequently hit the other vehicle breached their duty of care by violating traffic laws. Their actions were negligent and responsible for causing the accident.

The third element is closely connected to the breach of duty, because it requires showing that the breach of duty caused the injuries the plaintiff suffered. The plaintiff must be able to show that the accident directly caused their injuries and that those injuries were proximate to the accident.

Finally, the plaintiff must demonstrate that they suffered damages that can be financially measured. This can be done by providing copies of repair estimates, medical bills, and other medical reports. Your attorney can help you determine which specific damages you should seek in your claim.

Damages You Can Claim 

In a car accident, it’s more common for a plaintiff to claim property damages as a means of obtaining compensation for the damages to their vehicle. Property damage can also include damage to personal property, such as eyeglasses or a cell phone.

The plaintiff can also claim damages to help pay for their immediate medical care. These types of damages are also intended to cover the costs of ongoing or long-term care, such as physical therapy, or psychological therapy to treat emotional trauma. You may also be able to claim damages for pain and suffering, lost wages, or other damages. 

If you’ve been injured in a car accident or another situation, consulting an attorney is an important next step. Located in White Plains, NY, Monteleon Law Group can help you determine if a personal injury claim will help you recover damages. You can trust their dedicated staff to handle your legal needs with compassion and professionalism. To make an appointment for an initial consultation, visit their website or call (914) 840-2529.