A personal injury matter can be a serious and overwhelming experience. Injuries can lead to serious complications, both physical and financial, which affect the injured party as well as his or her family. For example, 1
Fortunately, the2 affords victims the opportunity to compensatory damages for injuries caused by someone else’s negligence. If you or a family member has suffered an injury caused by someone else’s negligence or wrongful act, you should retain legal counsel.
In order to recover damages in a personal injury case, an injured party will need to prove certain elements. If not, he or she may not be entitled to damages.
Negligence: The Basics
Most personal injury cases are brought under a theory of negligence. There, the injured party alleges that he or she was injured as a result of another’s negligence. Allegations alone are not enough. The injured party must provide evidence to demonstrate that the accused’s actions met all of the elements that support a finding of negligence. The four essential elements of negligence include:
The accused owed the injured party some kind of duty. People are expected to act in a reasonable manner toward one another. The relationship between the two parties will determine the type of duty owed. Certain relationships, such as a doctor-patient, establish a more expansive duty.
The accused breached the duty he or she owed the injured party. Here, the accused has failed to act in a reasonable manner toward the injured party. For example, a reckless driver breaches his or her duty to others for failing to drive carefully.
The breach of duty caused the injury. An individual’s breach of his or her duty will not be considered negligent unless it can be shown that breach was the direct cause of the injury. Therefore, both the injury and its severity must be reasonably and directly related to the breach.
Monetary Losses. In order to recover damages, the injured party must prove that he or she has suffered monetary losses as a result of the injury. There may be several types of damages available to the injured party. However, the injured party will be required to prove losses with documented evidence.
Documented evidence plays a vital role in proving damages in personal injury case. It can be used to show the extent of injuries and those necessary expenses that are a result of the injury. Some examples of evidence that would be helpful for proving a personal injury case include:
Medical Bills and Expenses. This helps provide the amount of money that the injured party has incurred for medical treatments as a direct result of his or her injuries.
Police / Medical Reports. Typically taken immediately after the incident, and without outside or undue influence, they provide a snapshot of the act and the injuries it caused.
Contact a New Port Richey Personal Injury Lawyer Today for a Free Consultation
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New Port Richey, FL 34652