The Core of All Personal Injury Claims
Regardless of its nature, every personal injury claim hinges on a fundamental set of criteria that your attorney must establish to validate your case. While the specifics of each case might vary, these core elements are always requisite.
Your attorney will commence their advocacy by identifying these essential aspects.
Duty of Care
The ‘duty of care’ concept forms the foundation of all personal injury claims. This duty may be legally defined or simply dictated by common sense, representing the standard of conduct expected of a reasonable person in a given situation.
For instance, responsible drivers aim to prevent accidents, and competent doctors treat patients according to accepted medical standards. These expectations are not just societal norms but are essential to protect against harm.
Breach of Duty of Care
The next step is to identify the party or parties responsible. This involves determining who failed to uphold their duty of care. Often, this breach is due to negligence rather than intentional harm.
Negligence is the failure to act with the prudence that a reasonable person would exercise under similar circumstances. This negligence can sometimes involve multiple parties, and laws like comparative negligence help determine eligibility for suing and apportioning responsibility in such cases.
In Goose Creek, for instance, you can get compensation provided you are less than 50% responsible for an incident.
Evidence of Injury
Merely demonstrating negligence is insufficient; you must also prove that this negligence resulted in a personal injury. This element is typically substantiated through accident reports, medical records, and other forms of documentation.
However, in cases like medical malpractice, proving that negligence directly caused an injury can be particularly challenging and may require extensive evidence and expert testimony.
Damages
Finally, the severity of the consequences—or damages—sustained from the injury plays a crucial role. Litigation is only advisable if the damages are significant enough to warrant the effort.
Damages include direct economic losses, such as medical expenses and lost wages, and non-economic damages, like pain and suffering. Establishing the full extent of these damages is critical, as they form the basis of the compensation you seek from an insurance settlement or a court judgment.