Experiencing any form of injury can be emotionally draining and physically stressful to anyone. Coming to terms with what happened can be overwhelming especially if the said injury was a result of negligence by another person. During this position, you all have the option to file for a personal injury claim.
However, before you can make a solid case, there are key elements that you must establish. These elements will help determine the chances of you winning your personal injury claim.
Here are the four essential elements an injured party must fully establish against the defendant to prove your personal injury claim.
Duty
Duty or duty of care refers to the moral and legal obligation that the other party owed you. This primarily focuses on the person’s action to protect the safety and well-being of the injured party. The duty of care varies depending on the situation or involvement of the parties and the type of event that happened between them.
Breach
Breach of duty, or simply breach, refers to how the defendant fails to exercise the duty of care to the plaintiff. In other words, the other party has shown negligence which resulted in harming or injuring the complainant. Say in a car accident, the driver sped through a stop traffic light which caused a pedestrian to be hit by the car.
Causation
The third essential element to a personal injury case is the causation. At this step, the plaintiff must show a burden of proof as to how the incident had caused harm to the victim. Thus, the complainant must provide evidence that it is the action of the defendant that caused his/her injuries.
Damages
The fourth and final element is the damages. A criminal defence law firm in Hong Kong said that this aspect involves showing proof of how their injury led to damages and losses. It is on this step, complainants can show the physical, financial and emotional ordeal they’ve suffered from due to the injury that was inflicted on them because of the careless action of the defendant.
To ensure you’ve covered all the bases you need on your personal injury claim, it’s better if you talk and discuss it with an attorney first. With their help, it’ll be easier to check whether you’ve got everything you need for the claim.
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