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When you hire an attorney to represent you in a personal injury lawsuit, you have to prove certain facts to the court to prevail. These are known as the "four elements" of a personal injury claim. To help you understand what types of evidence you and your attorney will collect, below is an introduction to the subject.

4 Components of a Personal Injury Lawsuit

1. Duty of Care

You must show that the defendant had a duty to exercise reasonable care in whatever activity they were involved in.

For instance, if you were involved in a trucking accident, the other driver, by virtue of being on the road, had a duty of care to take safety measures to protect other motorists, pedestrians, and cyclists. For slipping accidents, you must show that the shopkeeper or homeowner had a duty to keep their premises safe. This is the case simply by owning the property.

2. Breach of Duty

Next, you must show that the defendant breached their duty to take reasonable care. It's essential to prove that their behavior was negligent, even if it wasn't intentionally malicious.

For example, this could mean the driver was speeding or the business owner left dangerous materials in public areas without posting warning signs.

3. Causal Connection

Attorney in West Plains, MOThird, you and your attorney must show that there was a direct connection between the defendant's actions and the incident that left you injured.

In most situations, many actions need to happen for a specific outcome, so the defendant's behavior only needs to be a contributing cause rather than the sole one.

4. Damages

Lastly, you must show that you were affected by their behavior.

This could be an injury, pain and suffering, or financial loss due to medical expenses or lost wages. Evidence can come in the form of doctor’s reports, for example. 

 

If you've been hurt due to another party’s actions, turn to Henry & Williams P.C., a respected law firm in West Plains, MO. They have more than 75 years of combined legal experience and will help you collect evidence to build your personal injury case. Visit their website to learn about the judgments they've won for their clients or call (417) 256-8133 to arrange a free consultation.

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