Have you been involved in an accident? If someone else’s negligence caused your injury, then you may have a personal injury case. But how do you know if you have an injury case? This article will answer that question by providing a brief overview of the elements of a personal injury case.
Negligence in a Personal Injury Case
When a responsible party fails to exercise reasonable precautions to prevent harming or endangering another person, this constitutes negligence. It is the cornerstone of most personal injury claims. You will need to prove that the other person was negligent and that their negligence caused your injury to win your case.
For example, all drivers must drive safely and to obey the rules of the road. If a driver breaches that duty by speeding, running a red light, or driving while intoxicated and causes an accident that injures another person, the driver may be found negligent.
Determination of Personal Injury
Your attorney must prove the following in court to win your case:
- The defendant owed you a duty of care.
- The defendant breached this duty of care by failing to perform an act they owed you under law.
- This breach caused your injuries and damages due to the accident or injury.
Duty of Care
Duty of care is the obligation to exercise reasonable care in dealing with another person, and it can be found in any contract or legal action that involves two parties. A party owes another party a duty if they have a relationship that requires them to act responsibly toward them.
The concept of having a duty also applies when we talk about our responsibilities towards others as human beings. We should strive not only toward doing good but also avoid doing harm — we should try not only to prevent accidents from happening but also ensure they don’t happen again.
Breach of Duty of Care
Your lawyer can help establish whether or not a breach in duty occurred. A breach occurs when someone fails to fulfill their legal obligations under the law or contract. If a person or organization fails to fulfill their duty of care, it can lead to injuries. You may have a case if you were injured because someone did not perform their job correctly.
Correlation Between Breach and Personal Injury
The defendant’s breach must have caused the accident, your injuries, and damages.
To prove that the defendant breached an obligation owed to you, you must show that:
- The defendant did not undertake any necessary measures to prevent the breach
- Their breach caused the injury
- The injury affected your economic or non-economic losses
Contact an attorney as soon as possible so that they can help determine whether or not this is the case for you. In the case of injuries, the parties in question would be the individual who caused your damage or the first party, like a contractor, medical service provider, or property owner, that neglected their duty that led to a third party causing the injury.
Injuries from an avoidable car accident are no easy thing to live with. If you have been injured in an accident or any other action arising from negligence, you need an experienced personal injury attorney on your side.
William J. Cooley Personal Injury Attorney can help you fight for the compensation you deserve. We have no upfront costs, and you will not pay anything unless we win your case. Call us today to learn more about your legal rights if you reside in the Albuquerque area. We look forward to meeting with you and answering any questions or concerns you have.