As personal injury attorneys, our team encounters clients who have never been a part of a personal injury case before, and in the midst of an injury, navigating a case for the first time can be overwhelming. With that in mind, we wanted to share a straightforward overview of the basic elements that make up a personal injury claim.
The Four Elements of a Personal Injury Case
Nearly every personal injury claim rests on the same four legal elements. To succeed, each one must be established — duty, breach of duty, causation, and damages. Here is what each one means.
Duty
Every personal injury case begins with duty, the legal obligation to act with a reasonable level of care under the circumstances.
All drivers have a duty to follow traffic laws and operate their vehicles safely. Property owners have a duty to maintain safe premises for those who enter. Health care providers have a duty to deliver competent care.
Breach of Duty
A breach occurs when the responsible party fails to meet that standard of care. A driver who is texting behind the wheel has breached their general duty to drive safely.
A property owner who ignores a known hazard on their premises has breached their specific duty to maintain a safe environment for visitors.
Causation
Causation is the legal link between the breach of duty and the injuries sustained.
The breach must be shown to have directly caused the harm in question. When preexisting conditions are involved, establishing this connection often requires expert testimony and careful legal analysis.
Damages
The plaintiff must have suffered actual, demonstrable losses as a result of the incident.
Economic damages include quantifiable costs such as medical expenses and lost wages. Non-economic damages cover the more subjective impacts of an injury, including pain and suffering and loss of enjoyment of life.
Why Early Legal Consultation Matters
If you believe you or someone you know may have a personal injury claim, we strongly encourage you to reach out to our team. Early consultation allows us to preserve evidence, assess the strength of the claim, and ensure that important legal deadlines are not missed.
Do not hesitate to give us a call today. We are here to fight for your rights.
Frequently Asked Questions
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Think You May Have a Claim?
Speak with the team at Murrin Law Firm — Long Beach personal injury attorneys with over 45 years of experience. Your consultation is free.
