The elements of a successful personal injury case
When someone gets hurt in an accident that wasn’t his or her fault, the first order of business is to ensure the victim gets appropriate medical attention. The second order of business is to determine whose fault the accident was. It’s important to determine fault because — in some cases — the at-fault party might be financially liable to pay for the injured person’s medical costs and other damages.
Before pursuing such a personal injury claim against an at-fault party, the plaintiff should evaluate the merits of his or her lawsuit to ensure that it is a viable claim that’s likely to be successful. Here are the various requirements for a successful personal injury claim:
- The defendant held a duty to the plaintiff to carry out or refrain from carrying out a specific action
- The defendant was negligent with regard to this duty, and therefore, breached the duty.
- The breach of duty resulted in the plaintiff suffering an injury or multiple injuries.
- The plaintiff can prove that the defendant knew or should have known that his or her actions (or failure to act) would endanger others.
- The plaintiff can prove the damages he or she suffered, such as lost wages, medical care costs, pain and suffering and more.
Many situations and injuries can give rise to a personal injury claim. For example, parties could get hurt by an at-fault party in cases that involve car accidents, slip-and-fall events, manufacturing errors, design defects, swimming pool accidents, pedestrian accidents, bicycle crashes, boating accidents and more. If you or your loved one was hurt in an incident like this, you may want to have a Sacramento injury lawyer investigate the viability of a potential lawsuit.