It seems rather cut and dry to the lay person; a person behaves in a negligent manner and their carelessness results in a serious injury. The injured party is owed compensation to cover medical bills, lost wages, and other costs, and the person responsible for their injuries should provide these funds based on their culpability.

Before compensation can be received, the injured party (and their legal team) must take steps to prove that negligence was really to blame for their injuries. Here are four essential elements that factor into personal injury cases to help you better understand what you’re up against.

Duty of Care

In certain situations, people have a duty of care that stipulates that the person must meet a certain standard. For instance, motorists have a duty of care to operate their vehicles safely, which entails remaining attentive and following all traffic laws. Similarly, property owners have a duty to maintain their property to avoid accidents and subsequent injuries.

Breach of Duty

Next, you must show that the person with a duty of care breached their duty. With driving, showing that a person was texting behind the wheel is a clear dereliction of their duty. As for property owners, failure to address a broken sidewalk or staircase can result in a negligence claim (provided the person was aware of the hazardous situation).

Causation

Once the above elements have been established, the next step is to link negligent behaviors to the injuries sustained. This often requires the assistance of a medical practitioner, who can assess a person’s injuries and provide a professional opinion on how they occurred.

Damages

Once the link has been established, the injuries sustained must be “quantified,” meaning a numerical value has been assigned to them. With medical bills and lost wages, assigning a value can be relatively straightforward. However, when it comes to quantifying something like long-term disability, the process can be a lot more challenging.

We Can Help You Make Sense of a Negligence Claim

Hinkle Law Offices knows that navigating a negligence claim on your own can be stressful. We also understand what’s at stake after a serious injury, which is why our personal injury attorneys are so passionate about protecting the rights of our clients. Please call (505) TUF-HELP today to schedule a no-obligation consultation. You can also contact us for more information before getting started.