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You and your attorney must establish four factors to prevail in an injury lawsuit. These are 1) duty of care, 2) breach of this duty, 3) causation, and 4) damages. Missing even just one of these can hurt your case. The information below will help you understand what it takes to prove a personal injury claim.

A Guide to Proving Personal Injury Lawsuits 

1. Duty of Care

The first element you must prove is the defendant's duty of care. This is their legal responsibility to avoid injuring other parties, or putting someone in harm’s way. For instance, a motorist using public roads has a duty of care to other drivers, pedestrians, and property owners on their route. They must drive responsibly to minimize hazards.

2. Breach of this Duty

AttorneyNext, you and your attorney must show that the defendant breached their duty of care. In other words, they behaved in such a way that a reasonable person would understand could put others at risk. In some circumstances, this is relatively easy to establish, such as if a driver exceeded the speed limit or abruptly switched lanes without signaling. In others, it may be more complex. For example, you may have to assert that a driver breached their duty by driving too fast for weather conditions, even if they were traveling at or under the posted speed limit. 

3. Causation

The next step is to show that the driver's behavior caused the incident over which you are suing. For instance, you might show that, by operating their vehicle too fast on a snowy road, the driver was unable to stop in time and thus rear-ended your vehicle.

4. Damages

Finally, you must be able to show you sustained financial or emotional damage. If the driver struck your rear bumper but did not dent the car or injure you, you likely have no claim. You generally will need to provide supporting evidence, such as repair bills and hospital records. 

 

If you need an experienced personal injury attorney, contact the team at Sanders & Austin in Princeton, WV. They are one of the oldest law firms in Mercer County, founded more than a century ago. Visit their website to learn more or call (304) 425-8125 to arrange an attorney consultation. 

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