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.