No two personal injury cases are the same. Injuries can happen in various ways. Nonetheless, some of the legal principles in personal injury cases are consistent.
Negligence is the key legal aspect in all personal injury cases. Without establishing negligence, personal injury compensation is not possible. What are the key elements of negligence in personal injury cases?
The duty of care
The first element of negligence is the legal duty of care. The plaintiff must show that a legal duty of care was owed. For example, all drivers owe each other a legal duty of care on the roads. This means that drivers must not act in a manner that endangers others.
Breach of duty of care
Once the duty of care has been established, it must be shown that it was breached. Essentially, this means that the defendant acted in a way that no other reasonable person would have in the circumstances.
An example of this might be speeding. If a driver was driving at excessive speeds and caused an accident, then this likely constitutes negligence.
Causation
For a personal injury claim to stand, it must be shown that the defendant’s actions directly caused the injuries. One test that the courts often apply is the “but for” test; but for the actions of the defendant, would the plaintiff have been injured?
Damages
The fourth element of negligence is damages. The defendant must be able to show that they have incurred tangible losses. For example, has the accident resulted in extensive medical bills, lost wages and other expenses?
Establishing negligence can be tricky in some cases. To maximize the value of your claim, it will help to seek some legal guidance.