If you were recently in an accident—even one that was unavoidable—someone should be held liable for your troubles. However, personal injury cases can be very complicated. Injuries arising from negligence or one’s actions need to be established based on four crucial elements, so learn more about them below.

What Are the Essential Elements of a Personal Injury Case?

1. Duty of Care

The duty of care means everyone has a legal obligation to keep others safe or out of harm’s way. For instance, a driver should take steps to prevent road mishaps, such as maintaining enough distance between vehicles, following the speed limit, and avoiding distracted driving. The same applies to property owners or those running a business—they're responsible for reducing the risk of accidents on their properties.

2. Failure to Exercise Care

When there's the duty of care, the next question is whether or not someone exercised it. Negligence is a breach of responsibility, which can lead to harm or injury. For example, failing to put up a warning sign when there's a slippery floor is carelessness. Sometimes, such a failure comes in the form of reckless behavior, such as drunk driving or speeding. These instances create situations that put others at risk.

3. Causation

The third element of personal injury cases is causation, which means you have to prove the other party breached their duty of reasonable care, resulting in an untoward incident. Sometimes, the other person may claim that their negligence or recklessness isn't the only cause for injuries, and that it may even be partly your fault.

4. Damages

In legal terms, your damages are the amount of compensation you should receive for your injuries and troubles. Economic damages are quantifiable, covering financial losses due to medical bills, lost income, permanent disability, and additional expenses. You can also claim for non-economic damages, which is payment for intangible harm, such as pain and suffering.

The Law Office of Christopher J. Swatosh knows exactly what criteria must be met when pursuing a personal injury case. Based out of Ava, MO, this attorney provides legal advice to his clients, tailored according to their situation. His 20 years of experience make him a trusted name in Douglas County. Get in touch at (417) 683-2987, or visit his website for more information on his practice areas.