Personal Injury Claims

Your Quick Guide to Personal Injury Claims

Did you know that a total of 2.7 million injuries and illnesses occurred in the private sector in 2020?

At some point, everyone gets hurt, but what if you’re hurt due to someone else’s negligence? If this is the situation, then you could have a personal injury claim and be in line for some compensation!

Want to learn more about this? Then be sure to read our quick guide on personal injury claims below.

Types of Personal Injury Claims

Personal injury claims can be classified based on the type of injury sustained. Common types of injuries include physical injuries, emotional injuries, and economic losses.

Physical injuries are the most common. This can include anything from minor cuts and bruises to more serious injuries like broken bones or paralysis.

Emotional injuries are less common but can be just as debilitating as physical injuries. They include things like depression, anxiety, and post-traumatic stress disorder. Economic losses are also common and can include things like lost wages, medical bills, and property damage.

Elements of Personal Injury Claims

In order to have a successful personal injury claim, there are four essential elements that must be met.

First, you must show that the individual or party who caused the harm owed a duty of care to the victim.

Second, you must prove that it was breached. Third, it must be demonstrated that the breach was the direct grounds of the victim’s injuries. You can check this article about railroad whistleblower cases as an example.

And finally, you must show that you have solid damages as a result of their injuries. If any one of these elements is missing, then the claim is likely to be unsuccessful.

How to Prove Negligence

There are four elements to proving negligence. They are duty, breach, causation, and damages. To win a negligence lawsuit, the plaintiff must prove all four elements.

Duty

This is the obligation to exercise care in a particular situation. It determines the relationship between the plaintiff and the defendant. For example, a doctor has a duty to provide medical care to patients.

Breach

It is the failure to exercise the proper degree of care. It is usually proven by expert testimony. For example, if a doctor fails to diagnose a treatable illness, he may be breaching the duty of care.

Causation

This is the link between the breach of duty and the resulting injury. It is usually proven by medical testimony. For example, if the doctor’s failure to diagnose the illness resulted in the patient’s death, causation would be proven.

Damages

These are the injuries suffered by the plaintiff. They may be physical, emotional, or financial. For example, if the patient died, the damages would include the loss of the patient’s life.

Personal Injury Claims: Protecting Your Rights

If you’re considering filing a personal injury claim, this quick guide will help you understand the process and what to expect. Remember, every case is different, so be sure to speak with an experienced personal injury lawyer to get the best possible outcome for your claim. An experienced personal injury attorney can help you navigate the legal process and protect your rights.

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