The Groundwork For Every Personal Injury Case

Before a plaintiff can begin pursuing financial compensation by filing a personal injury claim, he or she must first demonstrate a few facts about his or her case. Suffering an injury because of someone elses negligent actions can be devastating to your life and may leave you with physical, emotional, and financial damages. You need financial compensation to help pay for medical bills, lost wages, pain and suffering, and other damages; however, before you can take action, you must first prove the elements of a tort exist.

You shouldn’t let these reckless individuals get away with these actions. By filing a personal injury claim, you can hold the responsible party liable for your injuries and damages. By filing a civil lawsuit, you can take the first step toward recovering compensation so you aren’t stuck paying for damages out of your own pocket.

Before You Have a Case

Every case is unique based on the severity of the injuries and how they were sustained. However, there are some elements that have to present in every personal injury claim. These elements include the following:

  • The defendant owed the plaintiff a duty of care. This means the person being sued had to have some level of duty expected for them before the plaintiff can take legal action.
  • The defendant not only had a duty of care, but acted in a way to breach that duty. In a product liability case, a company has the duty of producing safe products and if they produce a product that causes harm, they are then breaching that duty.
  • The plaintiff suffered an injury. This can vary in type and severity.
  • The plaintiffs injury can be directly related to the defendants actions or failure to act. If your child chokes on small parts of a toy and the toy company did not provide a warning, you have a case.

For more information about the elements of a tort and how you can recover financial compensation in your case, contact a personal injury attorney today.

Leave a Reply

Your email address will not be published. Required fields are marked *