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Elements of a Personal Injury Case

Sustaining a personal injury is never fun. Whether you are in an accident on a Provo, Utah highway or you slip in a store, everything in your life is put on hold. You may not be able to work, since there are multiple doctor visits you need to go to and you aren’t sure how exactly you are going to pay for the medical bills.

If you are considering opening a personal injury case, contact a Robert J. DeBry & Associates lawyer to help you through the process of your case. In order to file a successful lawsuit, there needs to be four elements to the case.

Duty of Care

The first element of a personal injury case is the duty of care. This means there is a moral or legal obligation which one party owes to protect the safety and well-being of the other party. The duty of care depends on the type of accident that occurred.

In a car accident, the driver’s duty of care is to operate the vehicle safely while it’s on the road. The owner of a piece of land, building or other type of property has the responsibility to maintain their property. This keeps it safe from accidents.

Breach of Duty of Care

A lawyer will tell you that in order to have a case, the duty of care would have to be breached. This occurs when the person or company with the duty of care fails to live up to it. Because all cases are unique, you will need a lawyer to help you understand if this was breached in your case.

Injury for the Claimant

In order to file a claim, an injury needs to be sustained in some way. The claimant must endure an injury either financially, physically or emotionally. If you can’t prove any sort of a cause for the injury, there may be no case.

Causation Between Injury and Breach of Duty

The injury and breach of duty must be connected in some way. The person filing the claim must be able to prove the breach of duty was responsible for their injury.

 

Sources:
http://www.alllaw.com/articles/nolo/personal-injury/elements-lawyers-look-for.html
http://www.lawfirms.com/resources/personal-injury/personal-injury-litigation/pi-suit-elements.htm

By |2017-12-14T08:52:08-06:00December 14th, 2017|personal injury law|Comments Off on Elements of a Personal Injury Case

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