Legal Aspects of a Personal Injury Claim

The key elements of every personal injury claim are liability and damages. If a plaintiff in a personal injury case in unable to prove both elements, he will lost his case.

Proving Liability

Liability simply means fault. A plaintiff in a personal injury case must prove that the defendant was at fault. To prove that the defendant was at fault the plaintiff must show that:

The defendant had a duty to act or to refrain from acting in a particular manner;
The defendant breached the duty of care;
The plaintiff was injured; and
The defendant’s negligence was the proximate cause of the plaintiff’s injuries.

If a plaintiff is unable to prove any one of these four elements, he will lose his case. On the other hand, if a plaintiff proves all four elements of liability, he may be entitled to recover damages.

Proving Damages

A plaintiff in a personal injury case may recover damages for monetary losses he has suffered or is reasonably expected to suffer as a result of his injuries. Such damages are known as economic damages and include:

Medical bills;
Future medical bills;
Medical equipment costs;
Prescription costs;
In-home care;
Rehabilitation costs;
Lost wages;
Future lost wages;
Property damage; and
Rental car costs.

A plaintiff may also recover damages for pain and suffering. Such damages are also known as non-economic damages. Non-economic damages are meant to compensate a plaintiff for the physical, emotional, and psychological pain he has suffered and is likely to suffer as a result of his injuries. Pain and suffering generally encompasses the pain and discomfort associated with cuts, lacerations, bruises, broken bones, and internal injuries as well as the medical and surgical procedures required to treat those injuries. Pain and suffering also includes the embarrassment associated with permanent scarring and disfigurement or loss of limbs, depression and post-traumatic stress disorder resulting from the accident and injuries, and the potential shortening of life.

In cases where the defendant’s actions were wanton, willful, or showed a complete disregard for the safety of others or the consequences of those actions, a plaintiff may recover punitive damages. Punitive damages are meant to punish the defendant and deter future negligent conduct on his part.

Getting Legal Help

Winning a personal injury case requires the legal knowledge and expertise of a personal injury attorney. A personal injury attorney will review your case and advise you of whether you have a valid claim. If you do, a personal injury attorney will represent you in negotiating a settlement and, if settlement negotiations are unsuccessful, he will represent you at trial.

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