After suffering an injury due to someone else’s reckless actions or negligence, you may need to file a personal injury lawsuit to seek compensation for medical bills, lost wages, pain and suffering and any other damages you have suffered.
These claims typically center on the concept of negligence, and plaintiffs must prove that certain elements existing leading up to or during the accident. Each one of the following elements is critical in one of these lawsuits:
- Duty of care: The defendant in the claim must have owed the injured party some duty to protect him or her. For example, all drivers have a duty to operate their vehicles responsibly to avoid an auto accident, thus protecting other motorists and pedestrians.
- Breach of duty: The at-fault party must have breached the duty of care, leading to the injuries in question. If a distracted driver causes a car crash, for example, that person may have breached the duty of care to protect others on the road.
- Breach caused injuries: It must be apparent that the breach in duty resulted in the accident that caused the plaintiff’s injuries. In some cases, the defendant may argue that the injuries were the result of another, unrelated factor.
- Real and measurable damages: Plaintiffs must demonstrate that the injuries suffered due to the breach of duty were substantial and that they incurred real costs as a result. This may involve presenting medical records and physician testimony to support your claims.
There are many different factors contributing to personal injury lawsuits. To learn more about your options, meet with a skilled California attorney at Thorsnes Bartolotta McGuire.