Although every personal injury claim is different, all plaintiffs have to prove the same four elements to secure compensation: a duty of care, a breach of this duty, the causation of injuries, and quantifiable costs. These four elements fall into two categories: liability and damages. If claimants can prove how the opposing party’s actions led to their injuries, they should be able to negotiate for a fair settlement.
Identifying a Breach of Duty
To win a personal injury lawsuit, a plaintiff must prove that the defendant was somehow negligent. They can do this by demonstrating that the liable party owed them a duty of care and then breached this duty. For example, if the suit involves a drunk driving car accident, it is accepted that the impaired motorist owed a duty of care to everyone on the road, including nearby drivers and pedestrians. The claimant could then gather evidence to prove the other party breached this duty. This may include a police report detailing the results of any field sobriety tests or chemical tests.
Unfortunately, people breach the duty of care they owe to one another all the time. That’s why the other two elements of a successful personal injury claim are causation and damages. The accident victim must prove that the opposing party’s negligence caused some kind of incident that was directly responsible for any injuries sustained. Finally, the plaintiff must prove that these injuries resulted in quantifiable damages, like hospital bills, lost wages, and loss of earning capacity. Claimants can also include non-economic damages like pain and suffering in settlement negotiations.
If you were hurt in an accident and want to take legal action against the negligent party, turn to the compassionate personal injury attorneys at Paine, Kilpatrick, Coleman & Mahoney, P.C. in Tacoma, WA. Their legal team has more than 100 years of combined experience representing injured victims and fighting against large insurance corporations. Visit their website to learn more about the services they offer, and call (253) 472-3323 to schedule an initial consultation today.