When someone’s actions cause you to sustain an injury, you deserve to receive compensation for the damages. However, to win a personal injury case, you’ll need to prove that they caused you harm. Here’s some information about how to proceed with this type of case.

4 Elements of Proving a Personal Injury Case

1. Duty of Care

First, it must be clear that the defendant—the person or group responsible for your injury—owed you a duty of care. This means they were expected to act responsibly and make decisions for your safety. Drivers owe a duty of care to other drivers on the road, and a store manager owes a duty of care to their customers.

2. Breach of Duty

You’ll need to illustrate how the responsible party fell short of their obligation. For example, the driver next to you was texting while driving, your landlord didn’t warn residents of a broken stair, or the store manager didn’t put out a wet floor sign.

3. Causation

To “show causation” means to prove that the breach of duty was the direct cause of your injury. For example, you didn’t break your knee at the gym—you broke it because you tripped and fell on the broken stair your landlord didn’t warn you about. 

4. Damages

Finally, you’ll need to prove that your injury is legitimate. You can do this by heading to the doctor immediately after the incident, where they’ll create a report of your symptoms and diagnosis. It’s also important to keep records of follow-up appointments and consequences of your injury, such as lost time from work.  

If you believe that you have a valid personal injury claim, turn to Daniel R. McComb Attorney at Law of Batavia, NY. For over 35 years, this lawyer has worked tirelessly to represent clients in a wide range of practice areas. Whether you slipped and fell at a grocery store or were hit by a distracted driver, you can count on Attorney McComb to help you obtain compensation. In addition, he also works on bankruptcy and estate planning cases. To learn more about this trusted lawyer, visit the website, or call (585) 343-2250 to schedule a consultation today.