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Personal Injury
Elements of a Personal Injury Claim In order to prove a personal injury claim, a plaintiff (the injured party) must establish the following in order to recover against the defendant (the at-fault party).
Duty. Personal injury claims arise from a duty of care owed to another. For example, all of us owe a duty of reasonable care to others as we drive a motor vehicle. The intended beneficiaries of this duty are all the other drivers, pedestrians or cyclists using the road. Property owners owe a duty to keep their premises safe. Business proprietors owe a duty to sell safe products. Professionals, such as doctors, owe a standard of care set by their profession.
Breach. In order to prove your claim, you must show that you were injured by another's failure to exercise ordinary care to you. In other words, the other person or company must be negligent.
Causation. Next, you must show that the breach of care was actually the immediate cause of your harm.
Damages. Finally, you must have been injured as a result of this breach of care. Generally, you must have suffered a physical injury, but in certain circumstances, an emotional injury is sufficient to allow a recovery of damages against the responsible party.
The burden of proving the personal injury claim falls on the plaintiff. Injury law provides a means to redress the wrong, but does not guarantee recovery. In order to recover, the plaintiff must prove each and every element of his or her claim.
Types of Personal Injury Claims
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