Someone’s negligence can cause injury to another person. In this case, they have a personal injury case.
Here are a few things people can expect in a personal injury case.
1. Presence of duty
A case begins with a defendant owing a duty. For example, that can be driving safely. Driving safely could include stopping at stop signs. The duty could be the responsibility of a person, company or third party. In cases where a defective product causes injury, the case becomes more complex.
2. Breach of that duty
To defend a claim, the claimant must prove that the defendant breached their duty. In other words, they need to place blame on the defendant. The stop sign is still a good example. When a driver does not stop at this signal, they breach their duty to drive safely.
To start a personal injury claim, the claimant needs to face financial, physical or emotional damages. Those damages must be a direct result of the breach of duty. With no injury, one cannot file a personal injury suit. Note, even if the claimant is only concerned with physical injuries, the court will still refer to them as damages.
4. Cause of the injury
Proving the cause of the injuries is the final way to successfully prove a personal injury case. The claimant needs proof that the defendant was responsible for the damages they sustained.
Anyone who has injuries caused by a person or company’s negligence can file a personal injury suit to cover medical bills and lost wages. That can ensure that they are not paying for damages that are someone else’s responsibility.