Do I have a personal injury case?*
In a personal injury lawsuit, proving negligence by another party is key. Essential elements include: ...
Duty of Care
The party involved in your accident must have had a duty of care to ensure your safety, meaning they were obligated to act reasonably to avoid causing harm. For example, drivers must operate vehicles cautiously to prevent harm to pedestrians, passengers, and other motorists.
Causation
This element demands that the at-fault party's action or inaction directly caused the injury or death. While the other party need not be solely responsible, it's crucial to demonstrate that their negligence significantly contributed to the accident.
Breach of Duty
The next element is the breach of duty, where the at-fault party fails to exercise reasonable care. This breach could involve negligent or reckless actions differing from what a reasonably careful person would do in similar circumstances, such as driving under the influence or texting while driving.
Damages
The party involved in your accident must have had a duty of care to ensure your safety, meaning they were obligated to act reasonably to avoid causing harm. For example, drivers must operate vehicles cautiously to prevent harm to pedestrians, passengers, and other motorists.
*The information presented serves for educational purposes solely and does not constitute legal advice. Each case is unique, thus it's advisable to seek guidance from an attorney to address your individual circumstances. We're here and ready to assist you.