If you have been hurt on-job or because of someone else’s negligence, you have the right to file a personal injury claim. However, there are four elements of a personal injury claim that determine whether you are eligible for a claim or not. These elements must be fulfilled to lodge a complaint in the civil court. Your Personal Injury Attorney in Tamarac can help you file your claim, but these four elements must be present in your case.
Four Elements of a Personal Injury Claim
Injuries due to another person’s negligence or lack of care can lead to a personal injury claim. It’s essential to understand the elements that apply to this claim, such as,
- Duty of care
- Failure to exercise reasonable care (Negligence)
- Presence of damage
These elements determine whether the personal injury claim you are filing is eligible or not. Here is a detailed look into these elements.
Duty of Care
The existence of someone’s legal duty is the first element of your personal injury claim. You need to prove that the at-fault party did not live up to their duties. In case of a traffic accident, it was the duty of the at-fault party to drive carefully. If carelessness was exerted, which resulted in your personal loss, your claim passes the first element.
In slip and fall cases, the duty falls on businesses or homeowners. For medical malpractice, the claim falls on the hospital and the doctor for not doing their duty with integrity, honesty, and care. Different personal injury cases have different duties. However, this is the easiest of all four elements.
Failure to Exercise Reasonable Care (Negligence)
This is the second element of your personal injury claim where it becomes necessary to prove that the at-fault party neglected their duty. For instance, if you were robbed near a store, you can file a personal injury claim against that store if you believe they didn’t follow the second element of a personal injury claim.
In this situation, your personal injury attorney in Tamarac will need to prove that the shop owner was negligent in protecting customers. For that, your personal injury attorney will scour through incident reports and determine whether you were the first or the 100th victim in the vicinity. Next, the lawyer will check if the shop owner has cameras or other security in place. If the shop didn’t take any safety measures despite knowing several theft cases, the shop owner failed to exercise reasonable care (Negligence).
The next step of a personal injury claim is to prove causation. This means that your personal injury lawyer has to prove that negligence caused the personal injury. Continuing the above example of the negligent shop owner, we can see that the third element is fulfilled.
For instance, if the shop owner had hired security, the theft wouldn’t have occurred. This means that the causation element of your personal injury claim is fulfilled.
Presence of Damage
The final element of a personal injury claim is the presence of damage. It is crucial to know that the personal injury claim is invalid if someone isn’t injured or damaged physically or monetarily. Moreover, if the injuries aren’t severe, it won’t warrant a personal injury claim.
Common types of damages that may result in a personal injury claim include;
- Medical cost
- Lost income
- Pain and suffering
- Physical damage
Your personal injury attorney can determine if you have a valid case to file against the at-fault party. Plus, you can also find out how much compensation you are eligible for if you file a case. Your attorney will go through similar past cases and find out how much compensation was awarded.
You will get an estimate, but it will be more than enough to prove how much compensation you might win. Plus, your attorney will also contribute your medical cost, pain, and suffering, and other costs incurred after the injury. All of this will be included in your compensation.
Personal injury cases can be tricky, and if you don’t have a competent lawyer, you can lose your chances of winning the compensation you deserve. Most of the time, the at-fault party tries to resolve the case without going to court. If your personal injury lawyer believes that you might win more compensation by going to court, you should listen and follow.
However, for that, your lawyer needs to have tremendous experience and knowledge. If you are looking for such a lawyer, then Cameron Law PL can help. You can call Cameron Law for case consultation by dialing (321) 301-4615 or visiting Cameron Law.