There are many different types of personal injury claims. The individual circumstances of each case tend to differ. Nonetheless, the legal principles on how these cases are decided remain the same.
In personal injury cases, negligence is the key factor. This is an age-old legal tradition that is examined in any personal injury claim. What is negligence, and why does it matter?
Duty of care
There are four key elements to negligence, and the duty of care is the first. The important aspect here is what the defendant was doing at the time and whether or not they owed a duty of care to the plaintiff. In claims involving car accidents, this can usually be settled easily. All drivers owe one another a duty of care, as well as anyone else they may encounter while driving.
A breach of that duty
The next question is whether or not the duty of care was breached. If a driver has spun out of control because of an oil spill on the road, causing injury to others, then they have most likely not breached the duty of care. If, however, a driver crashed into someone else because they were racing another vehicle, then they have most likely breached the duty of care.
Causation and damages
The final elements of negligence are causation and damages. The actions of the defendant must have directly caused the injuries to the plaintiff. These injuries must also be quantifiable. Things like medical bills and property damage can be measured. It is more difficult to measure things like being frightened and outraged, although psychological pain and suffering can be included in a personal injury claim.
If you have been injured in an accident, it’s smart to seek legal guidance to find out more about your options. This can help you protect your rights.