If you’ve recently been harmed as a result of someone else’s negligence, you may be considering filing a personal injury claim. While all cases and circumstances are different, there are a few fundamental elements that must exist in order for you to recoup damages. To help you understand the basics of personal injury law, learn the principles below. 

Duty of Care

As a U.S. citizen, you are legally bound to behave in a manner that is reasonably safe to other individuals. Beyond this, some individuals are bound to a duty of care. This includes people like landlords and business owners who are expected to keep homes and businesses safe for their tenants and employees. For your personal injury case to be successful, you’ll need to prove that the defendant had a duty of care toward you, which means that they were legally bound to protect your well-being.

Breach of Duty of Care

You’ll also be expected to show that the defendant willfully breached their legal duty to protect your safety. This is done by establishing negligence, which means proving that the defendant’s carelessness directly caused you harm, whether it was intentional or not. For example, if a car fails to heed a stop sign and hits you while you're riding your bike, you'll need to provide your attorney with an accident report detailing the specifics of the incident. Witnesses may also be called testify to what they saw. These pieces of evidence must prove that the driver hit you as a result of their failure to heed the stop sign. If it's determined that you were responsible for the accident, even partially, there's a chance your claim will be rejected.

Awarding Damages

In most personal injury cases, the damages awarded to you are meant to serve as compensation for the costs of your injury. In order to receive this compensation, you must be able to prove that the injury you sustained resulted in financial loss. This includes aspects like medical bills, doctors’ diagnoses, and pay stubs for lost wages. You may also be entitled to compensatory damages for non-monetary losses such as pain and suffering or mental health issues like PTSD. 

If you think you may be entitled to damages as a result of a personal injury, the team at Smith & Tabor Attorneys At Law in Toccoa, GA, can help. For more than 30 years, this law firm has fought hard for clients throughout northeastern Georgia, getting them the compensation they need and deserve. Visit the website to learn more about the practice, and call (706) 886-5141 to set up a consultation today.