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Whether you slip in a grocery store or are hit at an intersection, if you’re injured due to someone else’s negligence, you may have the right to pursue compensation. However, to win your case, you need to present the court with a convincing argument. Here are four points your lawyer will use when planning your personal injury case strategy.

How to Build a Strong Personal Injury Case

1. Duty of Care

First, you must prove that the defendant owed you a duty of care. This means you must show that they were responsible for acting in a way that protected you or your property from damage. Drivers owe a duty of care to other drivers on the road, just as store owners owe a duty of care to their customers.

2. Breach of Duty

personal injuryNext, you have to illustrate how the defendant failed to uphold their duty of care.

For example, if a driver pulls out their phone to text, they have breached their duty to pay attention to the road. Or, if a pharmacist doesn’t fill the right dosage of your prescription, they have acted in a way that failed to keep you safe, which is also a breach of duty.

3. Causation

Next, you need to show how the other person’s breach of duty directly caused your injury. For example, because the driver was immersed in their phone, they weren’t looking at the road and ended up rear-ending you. Or, in the slip-and-fall case, the property owner knew about a spill and neglected to clean it promptly, and you slipped on it as a result.

4. Damages

Finally, you need to provide proof of the injuries or property damage that occurred as a direct result of the defendant’s actions. The best way to prove damages is to see a medical professional immediately after the incident, so they can verify your injuries and document that they were caused by the earlier incident.

If you wait too long to seek medical attention, the plaintiff may try to prove that the damages were caused by another incident.

 

If you’re ready to file a personal injury claim, turn to Lee, Livingston, Lee, Nichols & Barron of Dothan, AL. Since 1948, they’ve provided trusted legal services to residents throughout Houston County. They will review all the details of the incident that caused your damages and use their decades of experience to fight for the compensation you deserve. To learn more about their practice areas, visit the website or call (334) 792-4156 to arrange for a free consultation.

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