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Understanding Negligence: The Basis of Your Personal Injury Claim

In simple terms, personal injury law gives individuals and families who have suffered preventable harm the opportunity to file civil lawsuits and pursue financial compensation for their damages. These lawsuits - known as personal injury claims - are hinged on being able to prove the negligence of another person or party.

While every case is different, the general elements of a personal injury claim don’t change. At the core of these claims is proving negligence so that it can be shown another person is at fault for causing damages.

Here’s what a personal injury consists of:

  • A legal duty existed - Personal injury cases involve the concept of “duty” between a victim and defendant, and establishing the fact that a person had a legal obligation to not cause preventable harm. For example, motorists have a duty to drive safely, doctors have a duty to uphold the standards of their practice, and product manufacturers have the duty of ensuring their goods are safe for public use.
  • Breach of duty - Claims begin to take shape when it can be proven that a defendant failed to uphold their legal duty. A boater who operates his boat while under the influence, for instance, is not upholding their duty to take reasonable safety precautions. This is considered a breach of duty.
  • Breach of duty caused harm - Once it is established that a duty existed, a personal injury claim will then need to show that this breach of duty (negligence) more likely than not caused an accident and/or injuries.
  • Damages - After it has been clearly shown that a defendant acted negligently and caused harm, personal injury claims must show that a victim suffered damages for which they should be compensated. Damages will vary in every case, but often include past and future medical bills, lost wages, pain and suffering, and more.

For many people who’ve been lucky enough to be healthy and avoid accidents, personal injury law can be incredibly unfamiliar. For those who have been injured and for families who have lost loved ones, it can be a complicated hassle during a difficult time. At the Law Offices of Jordan & Associates, LLC, our legal team is committed to helping victims and families understand their rights, how personal injury claims work, and how we’re ready to handle the hard work on their behalves.

If you have questions about your case and how our legal team may be able to guide you through the personal injury claim process, give us a call today for a FREE consultation.

Categories: Personal Injury