If you were injured due to the fault, or negligence, of someone else, you should consult with a personal injury attorney to determine if you have a claim. If you are injured in an accident, even if it is only partially someone else’s fault, you may still have a claim for your injuries.
Elements of a Successful Claim
To have a successful personal injury claim, or lawsuit, you need to be able to establish the liability of the other party for you injuries or damages.
Negligence is the most common type of theory of liability in a personal injury claim. Negligence is the failure to take reasonable care so as to prevent injury or harm to others. In car accident cases, if a person drives negligently, he may be liable for the injuries of people in a car accident that he causes.
To prove negligence, the plaintiff (injured party) must establish that the defendant had a duty to act with reasonable care, the defendant breached that duty, and that breach resulted in the plaintiff’s injuries.
The responsibility of establishing liability falls on the plaintiff. For a claim to be successful, the plaintiff will have to establish not just the extent of liability, but also the extent of damages.
Working with an attorney can help you protect your legal rights and recover the maximum, full and fair compensation you are entitled to for your injuries.