A personal injury claim has a myriad of elements attached to it. So what is a “Personal Injury” Case and how would you go about filing a complaint and potential lawsuit. Such claims are typically legal disputes that arise from a person who suffers harm from an accident or injury that someone else may have been legally responsible for. Generally if someone or a company act in a careless manner that causes an injury to another person/persons then this is considered ‘’negligence’. This is a legal principle that establishes who is responsible for the harm caused.
To win a negligence claim a variety of points need to be investigated. The plaintiff, (the person who is injured) has to prove that the defendant (the person whose fault it allegedly is) has acted in a neglectful manner. This can be a very difficult thing to do so finding the right lawyer who knows the intricacies surrounding personal injury is vital if you want to prove and win your case. There are four main areas to making a claim which take form as follows;
1. Duty –
It needs to be proved that the defendant owed a legal duty of care to the plaintiff. Depending on the relationship between these two people will depend on whether or not a legal duty stands. For example a doctor would owe his/her patient a legal duty of care to provide them with the most competent medical advice or procedure.
2. Breach –
Then it needs to be established whether or not the defendant breached that legal requirement by acting in a particular way, or failed to act. A court will establish if a “reasonably prudent person” would have done the same thing under similar circumstances.
3. Causation –
It then needs to be established whether or not the actions/or inaction of the defendant are what caused the actual injury to the plaintiff. The plaintiff has to show that it was the actions of someone else’s negligence that caused significant injury.
4. Damages –
The amount of damages rewarded will be paid dependent on if the above three elements can be proved. The court will then compensate the plaintiff for their injury, this will be an amount of money that would cover and medical care or property repair for example.
So how should you go about getting legal help if you feel that you need to pursue a negligence claim? You will need to make an appointment with a lawyer who specialises in personal injury law. They will establish whether or not a claim is worthwhile pursuing. In many cases an informal settlement can occur whereby both sides negotiate a fair arrangement for the plaintiff to be awarded damages for their injury. A written agreement follows this outlining an agreeable amount of money. Fault is determined and then assessed by a professional lawyer and insurer. Such a case can be formalised through a court of law although many can be resolved through informal settlements with the help of a qualified lawyer.
By Harry Price
Harry price is a freelance writer, living on the south coast with his wife and 3 dogs. In his spare time, he loves to paint and uses on his picturesque coastal surroundings as inspiration for his work.