If you were in an accident, you may have the right to file a personal injury claim against the other party. As a Philadelphia PA personal injury lawyer from a law office like the Wieand Law Firm can explain, when filing a claim, the burden is on you to prove that the other person is at fault for your injuries. While you may think that the case is cut and dry, the other party may do his or her best to fight the claim. If the other party or his or her insurance company disputes the claim, here are the components of negligence that you need to prove:
For there to be a claim of negligence, the other party had to owe you a legal duty. For instance, businesses have a duty to the public to keep their premises safe. If you were climbing a set of steps into a business, the owner has a duty to ensure that the steps are not icy so that no one falls and injures themselves.
Breach of Duty
Not only did the other party have a legal duty owed to you, but he or she had to breach that duty. For example, if a vehicle didn’t drive safely on the road, then the driver breached his or her duty and caused the accident.
Causation of Injury
The other party’s negligence has to cause your injury. For example, in a car accident, if you had no injuries prior to the accident, then it may be easy to prove that the accident caused your injuries. Keep in mind that if you have injuries due to not wearing a seatbelt or some other factor that wasn’t negligence, it can complicate the case. You may only be able to receive a percentage of your damages.
Damages Due to Injury
The last component is to prove that you did suffer damages as a result of your injury. The damages that you can demand include lost income, medical bills, pain and suffering and property damage. For example, if you were in a car accident, you could file a claim for the cost of damages to your vehicle and the medical bills for yourself. To prove damages, keep a record of all expenses that you endure due to the accident.
If you plan to file a personal injury claim, you should always have a personal injury lawyer at your side. Your lawyer will have the necessary experience and knowledge to build your case and to fight for the settlement that you deserve. If you’ve been injured because of someone else, consult with a personal injury lawyer as soon as possible to find out how to build a solid case.