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When you’re injured as a result of someone else’s actions or mistakes, you shouldn’t have to cover the resulting damages. With a successful personal injury claim, you don’t have to. If you’re hoping to obtain compensation from the at-fault party, make sure your case has the following four elements.

What Are the Aspects of a Personal Injury Claim?

1. Duty of Care

First, you’ll need to prove that the defendant owed you, the plaintiff, a duty of care. This means that they were expected to act reasonably and responsibly to prevent you from harm.

For example, a driver owes a duty of care to other drivers on the road, and a store manager owes a duty of care to their customers.

2. Breach

Your attorney must then find evidence that this duty of care was breached. In other words, the defendant did something reckless or negligent that put you in harm’s way.

A manager neglecting to put a wet floor sign over a spill and a driver texting behind the wheel have breached their duty of care.

3. Cause

personal injuryNext, you’ll need to prove causation, meaning that the defendant’s breach of duty was directly responsible for the accident and your resulting injuries. In some cases, your lawyer may only have to prove that it is more likely than not that their actions caused the personal injury.

For example, because the aforementioned manager didn’t place a sign over the wet floor, you walked directly into the slippery spot and fell.

4. Damages

Finally, you need to show the judge that the accident harmed you. Even if the defendant breached their duty of care and caused an accident, you won’t be able to file a personal injury claim unless the accident resulted in harm.

To provide ample evidence of this, visit a medical professional after the incident, receive a diagnosis and treatment plan, and save all paperwork throughout the process.

 

If you believe you have what you need to file a successful personal injury claim, get in touch with Ibold & O’Brien today. The firm has been helping clients since 1980 by offering a wide variety of practice areas to those throughout Geauga and Ashtabula counties. Get started on your claim by calling their Chardon, OH, office at (440) 607-5228 to schedule an appointment. Reach their Orwell office at (440) 437-5295. To learn more about their attorneys, visit the website.

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