Know the Elements of Personal Injury Claims

So, you think you have a personal injury claim? If you have been hurt or injured due to the negligence of another , then they are accountable to compensate you for what you have suffered. But for your case to be successful, you have to know the elements of personal injury claims, which must first be proven you can recover from your personal injury claim.

1. Duty

Duty refers to the responsibility that one must ensure the safety of another. A duty may be created by law or it may come from the “standard of reasonable care” that the law assumes we must provide for each other. Here are some examples:

  • Drivers must be responsible not to endanger pedestrians and other vehicles on the road.
  • Store owners have the duty to keep their establishment safe for their customers.
  • Toy manufacturers are required by law to keep dangerous toys out of the market.
  • If there is no duty, then you cannot establish that there is liability for your personal injury claim. For instance, malls have the duty to keep you safe in their parking lot. But once you are on your way home, they are free of any legal liability .
2. Breach of Duty

Personal injury law requires that you must establish that the duty has been breached in order to recover your claim. A breach of duty means that there was a neglect on the part of the other party. Sometimes the breach is clear because it is stated in the law like when a driver beating a red light caused the injury. But the breach of duty can be unclear like stores keeping their floors too clean that it gets too slippery. A quality personal injury attorney will help you prove your case.

3. Causation

There must be a direct link between the breach of duty and your injury. It is not enough that there was an accident that injured you and that it was someone else’s fault. You must clearly establish that the breach of duty directly caused your injury. For example, you are using a kitchen equipment that malfunctioned and injured you, you can file personal injury claims from the manufacturer. But if the malfunction was brought about by a previous repair by an unlicensed technician, then you cannot recover from your claims.

4. Damages

Of course there must be actual injury or damages so you can file personal injury claims. If you slipped in the store, but you did not suffer any injury then you are not entitled to any compensation. Damages are not restricted to physical injuries, but emotional, mental, and financial damages are also covered by the personal injury law.

5. Statute of Limitations

The personal injury law has a time limit on when you can file a claim after the accident happened. The time frame is affected by the type of injury and the law on each state. Your personal injury lawyer can tell you the statutes of limitations that apply to your case.

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