Whether you were the victim of a truck accident or a fall at work, a personal injury can dramatically alter your life. Fortunately, compensation through an injury claim can help you deal with medical expenses and other life changes. However, to have a valid case in court, you and your attorney must be able to prove that a few key elements were present in the incident.
How a Personal Injury Case Is Built
1. Failure to Fulfill Duty of Care
In any situation, we all have a duty to exercise reasonable care—a way of ensuring the safety of others around us. Drivers have the responsibility of checking their surroundings for other motorists and pedestrians. Businesses must maintain safe premises. In a personal injury case, the defendant will have failed to fulfill one or more of these basic responsibilities, either through negligence or reckless behavior.
In addition to proving that the defendant behaved in a negligent manner, it must also be proven that these actions directly contributed to the victim’s injuries. If the victim’s own negligence contributed to the injury—such as ignoring a “wet floor” sign—this limits the liability of the defendant.
Finally, the victim must be able to provide proof of all damages they suffered as a result of the incident. This includes direct economic losses for hospital bills and lost working hours as well as the less tangible harm that comes from pain and suffering associated with the accident. Detailed financial records, hospital bills, and even journal entries can be used to help establish a case for damages.
If you need help dealing with the aftermath of your personal injury, contact Carey & Hamner, P.C. Providing passionate, personalized representation to clients throughout Enterprise, Dothan, and Ozark, AL, these attorneys will help you navigate your case so you can get the compensation you need. To learn more about their practice areas or to schedule a free consultation, visit them online or call (855) 435-4797.