Injuries and health go hand in hand in life. But, there are some injuries we suffer as a result of recklessness of others, and they must never be ignored. Such injuries fall within the scope of personal injury claims that you can file as an exercise of flexing your fundamental rights.
Nowadays, coronavirus pandemic has disrupted every aspect of our lives, and as a result, competent lawyers like the COVID-19 workers’ compensation attorney are getting a lot of business. But, not all personal injury claims lead to hefty compensations because some claims either do not qualify as valid, while others fail to consider all the factors that evaluate the success of a claim. We have discussed here four vital elements of a personal injury claim so that you can evaluate the validity of your case before going ahead with the lawsuit.
1. Legal Duty to exercise care:
The first component your injury claim must have is the duty to exercise reasonable care, which means that the incident that caused the injury, warranted the duty to exercise reasonable care. For example, if you are filing a personal injury lawsuit as a result of a car accident, then it includes the duty to drive with care to ensure the safety of all the occupants of the road.
Slip and fall accidents also apply to the duty to exercise care for business owners or property owners because they are required to put up a ‘wet area’ sign in the vicinity of a slippery place. Moreover, the medical malpractice suits are also valid because it is the doctor’s legal duty to treat all the patients with reasonable care. What constitutes reasonable care may vary from one case to another. For example, in medical malpractice lawsuits, reasonable care implies the standard of care that would be provided by other medical professionals in a similar situation.
2. Failure to exercise reasonable care:
Now that you have identified that your injury claim warrants a legal duty to exercise reasonable care, it is paramount that there exists a clear breach in the exercise of that duty. For example, in case of a slip and fall accident, a breach in this legal duty would be the absence of any ‘slippery’ sign by the property owner. Even if this failure is not intentional, it does not relieve the defendant from the liability.
Furthermore, a drunk driver speeding up on the road and landing himself and others in an accident is an evident breach in the duty to exercise reasonable care. Similarly, medical malpractice lawsuits that involve situations like surgeons operating on the wrong body parts of the patients also reflect a failure to exercise reasonable care.
3. Clear Causal Link:
There has to be a causal link that the failure to exercise reasonable care is responsible for the injuries the claimant suffered. You can still get some compensation if the defendant’s recklessness is not the only reason you suffered injuries. But, the compensation amount reduces if you have played a part in the overall recklessness that caused the accident. For example, in case of a car accident, if you are driving on the wrong side of the road and get hit by a drunk driver, then your compensation amount will be compromised.
4. Evidence of Damages:
You have to provide evidence of the damages you suffered as a result of the recklessness of the defendant, otherwise, there will not be a valid personal injury claim. These damages are not limited to the injuries, but damages can also be quoted in the form of medical costs, lost income, and mental pain and suffering.
Therefore, if your personal injury claim contains all the vital four elements discussed above, it means that you have a valid personal injury claim.