Share:

Most personal injury claims are founded on negligence, which requires plaintiffs to prove four primary elements. If you were hurt because someone else failed to act with reasonable care, a seasoned attorney could help you prove the following elements to secure the funds needed to put your life back together. 

What Makes A Personal Injury Claim Successful? 

1. Duty of Care

A duty of care is an obligation that one party owes another. It might be formally established, as it is between a doctor and patient, or it might be implied, as it is between a motorist and a pedestrian who’s attempting to cross the street. To have grounds for a claim, the party responsible for your injuries must have owed you a duty of care. 

2. Breach of Duty 

attorneyNegligence is characterized by a breach of duty, which is a deviation from the most widely accepted standard of care or conduct given the circumstances. If a drunk driver struck you, for example, the impaired motorist breached the duty owed to you—and everyone else in traffic—by getting behind the wheel while under the influence. 

3. Causation 

If the breach of duty was directly responsible for your injuries, you should be able to prove causation. A resourceful attorney can help you gather the evidence needed to demonstrate how you wouldn’t have been hurt but for the opposing party’s actions. 

4. Damages 

Personal injury actions are intended to compensate victims for the damages they incur at the hands of someone else. As such, you must have suffered actual losses because of the opposing party’s negligence. Recoverable damages typically include medical bills, lost wages, emotional distress, and pain and suffering. 

 

To see if you have grounds for a personal injury claim founded on negligence, turn to J.P. Coleman Law, LLC, Attorneys at Law. With offices in Robertsdale, AL, and New Orleans, LA, this general practice firm is well-versed in civil litigation. Their compassionate lawyers know how serious injuries can turn your life upside-down, and they fight tirelessly to get you the compensation you deserve. To schedule a free consultation with one of their attorneys, reach out online or call (251) 947-6247.

tracking