Share:

If you're injured in an accident because of another party's carelessness or recklessness, you may seek compensation by filing a personal injury claim. Understandably, accident victims want their claims to be successful so they can obtain the financial resources necessary for their recovery. Below, learn about the four elements that personal injury lawyers need to prove to help you win your case.

What Proof Do You Need When Making a Personal Injury Claim?

1. Duty of Care

A duty of care is the implied legal obligation people have to look out for one another. For example, people who drive cars should operate their vehicles according to the laws and rules of the road. A property owner should clear their sidewalk to make it safe for passersby. A doctor should follow practices that, first and foremost, do no harm to the patient. The duty of care must exist as the first element of an injury claim.

2. A Breach of That Duty

personal injury lawyerIf the person responsible for following the duty of care has violated it, the victim must prove that such a breach has occurred. In general, the victim must show that any reasonable person in the same situation would have acted in a different way than the defendant. For instance, in a car accident caused by a drunk driver, the victim and their personal injury lawyer might use the driver's blood alcohol content as evidence of intoxication and, thus, a compromised ability to safely drive a car.

3. Causation

Causation simply states that there is a relationship between the breach of the duty of care and the damages that resulted. In most cases, these damages are personal injuries and the costs associated with them. In some situations, like motor vehicle accidents, property damage can also result from violating the duty of care.

4. Actual Damages

The final component of a successful claim is proof of verifiable harm. Your personal injury lawyer will help you determine the extent of damages and assign a dollar value for each. You might seek compensation for medical bills, lost wages, and pain and suffering, among other costs.

 

A personal injury lawyer will be your ally in building a successful claim. Bray & Johnson has more than 45 years' experience serving clients throughout northern Georgia. Visit the website to learn more about the attorneys on this hard-working team. Call (770) 479-1426 to schedule a consultation.

tracking