Personal injury cases are increasingly common in the United States. According to United States Courts data, the number of personal injury cases increased by a whopping 97% recently.
Furthermore, a study by the National Safety Council revealed that preventable injuries cost the nation $1255.4 billion annually in medical expenses and lost productivity. Negligence is often the root cause of many personal injury cases, and it is crucial to establish this fact to receive compensation.
1. Duty Of Care
The first thing you need to prove in a personal injury case, as advised by Tillmann Law Personal Injury Lawyers is that the person or business owed you a duty of care. This duty obviously depends on the nature of the relationship between you and the defendant. For instance, a property owner owes a duty of care to maintain their premises in a reasonably safe condition for visitors. Similarly, a medical professional has a duty to provide a standard of care in line with accepted practices in their field.
Establishing A Duty Of Care
To establish a duty of care, you must be able to show that the defendant was legally obliged to act in a particular manner toward you. This can be based on a contractual relationship, a professional standard, or a general duty to avoid causing harm to others. For example, you might be one of the 1.5 million people injured in a car accident every year; in this case, you would need to show that the other driver owed a duty to operate their vehicle safely and in accordance with traffic laws.
2. Breach Of Duty
If the defendant owed you a duty of care, you must then be able to show that they neglected to fulfill this duty. A breach occurs when the defendant fails to act as a reasonably prudent person would under similar circumstances.
Determining A Breach Of Duty
To prove a breach of duty, you need to provide evidence that the defendant's actions or inactions fell short of the required standard of care. This could involve testimonies from experts in the relevant field, documentation of safety protocols or industry standards, or evidence of the defendant's conduct leading up to the incident. For instance, if you were broke a hip falling on a wet floor in an accident at a retail store—which is a leading cause of ER visits—you would need to show that the store failed to maintain a safe environment by not addressing a spill or other hazard promptly.
3. Causation And Damages
The final element you need to prove is that the defendant's breach of duty was the direct cause of your injury and that you suffered damages as a result.
Establishing Causation And Quantifying Damages
Causation is often the most complex aspect of a personal injury case. You must demonstrate a clear link between the defendant's actions and your injuries, showing that your injuries would not have occurred but for the defendant's negligence. This can involve medical records, expert testimony, and a detailed account of the incident and its aftermath.
Once causation is established, you must quantify the damages you have suffered. This can include medical expenses, lost wages, pain and suffering, and other financial and non-financial losses resulting from the injury. Providing thorough documentation and expert assessments can help establish the full extent of your damages.
Conclusion
Proving negligence in a personal injury case requires establishing three key elements: duty of care, breach of duty, and causation and damages. By carefully building your case and providing compelling evidence for each of these elements, you can increase your chances of obtaining fair compensation for the harm you have suffered due to someone else's negligence.
