Basic Elements of a Personal Injury Case
Not every injury results in a legal injury claim. Generally, there are two basic conditions that must be satisfied in every personal injury case. First, there must be injuries that have occurred. Injuries can range in cause and in severity. While there are many factors that affect the success and compensation an injury victim may receive, often the amount of compensation is related to the severity of the injury involved. In addition to an injury, a personal injury claim requires an identified party or parties who may potentially be responsible for the injuries. If an individual sustains a serious injury however there is no party responsible for the injury, then there is no personal injury claim.
While an injury and responsible party or parties are necessary components of a personal injury case, in order to have a successful personal injury claim, a personal injury case must satisfy three basic elements:
In a personal injury claim, the term duty refers to the responsibility of an individual or party to ensure the safety of another. A duty can be established by law or may be established by a reasonable standard of care.
2. Breach of Duty
In addition to having a duty to ensure the safety of another, personal injury law requires that a breach of duty be established for a personal injury case. A breach of duty indicates that a duty has been recognized but has been breached or not acted upon and this negligence has resulted in an injury. In some cases, breach of duty is easy to establish, however breach of duty is often more difficult to identify. In these cases, an experienced personal injury attorney is needed to help an injury victim build a solid case.
In personal injury law, causation establishes a direct link between the breach of duty and an injury. A successful personal injury case must not only establish an injury occurred at the fault of someone else, it must clearly establish that it was the breach of duty that directly caused the injury.
The decision to hire a personal injury attorney after an injury is a personal one. However, obtaining the representation of an experienced personal injury attorney has many advantages for injury victims. A personal injury lawyer is uniquely qualified to evaluate the particular circumstances surrounding an injury and approximate their “value” in the legal system. Personal injury attorneys understand the nuances of injury law and will consider all factors concerning an injury, including current and future factors. If a personal injury claim goes to court, an experienced personal injury attorney will best represent the victim’s interests in the legal system.
Understanding the elements of a personal injury claim is essential when you or someone you know has been injured due to the negligence of another. Additionally, hiring an experienced personal injury attorney is essential for a successful claim.
It is significant you contact Harmonson Law Firm, PC, a personal injury firm based in El Paso, promptly after an injury. The lawyer will examine the points of interest of your case and battle with determination until justice prevails.