Understanding a Personal Injury Claim

If you have suffered an injury due to someone else’s negligence you have the right to bring a claim against them. However, in order to win the claim, it is crucial to have a qualified and trustworthy personal injury attorney to assist you and guide you through the process. In order to win the case, it is not enough to simply suffer an injury. There are three key components need to be proven in order for your claim to be successful. You will have to prove that there was a duty of care owed to you by the person who caused the injury. You have to prove that the person who caused your injury breached that duty of care and that the breach of duty has actually caused your injury or loss.

Establishing a Duty of Care

A duty of care is defined as the care one individual should take towards another person. This doesn’t have anything to do with courtesy. It applies to specific circumstances or relationships under the law such as the duty of care the driver has towards other road users, including cyclists and pedestrians. Business owners have duty of care to their staff and customers and to ensure they are working in a safe environment. Manufacturers have duty of care to their consumers; therefore they have to produce products that are safe and fit for a specific purpose. The local council has duty of care to regularly inspect and repair roadways and sidewalks.

In order to win the case, your lawyer must prove that the individual who caused your injury owed you a duty of care. The risk of harm must have been clearly foreseeable and there also must be a certain degree of proximity between you and the individual who caused your injury.

Breach of the Duty of Care

When you established that you are owed a duty of care by the person who caused you a personal injury, you must prove what actions caused to breach that duty. Duty of care has certain standards under specific circumstances both parties were in, and if a person fails to meet those standards, they have committed a breach of duty of care. The standard of care is not fulfilled if the person who has duty of care has not taken the necessary actions to lower the risk of harm.

Following the examples me mentioned above, if a driver failed to keep his eyes on the road or if a business owner doesn’t have the correct health and safety policies in place, they have breached their duty of care. The same applies to the local council and manufacturers. If the roads are not regularly inspected, and if manufacturers didn’t adequately tested their product before putting them on the market, their duty of care is breached. Proving a breach of duty is difficult and requires assistance from a personal injury lawyer.

Proving the Injury Was Caused by the Breach of Duty Owed to You

Lastly, you need to prove that the injury you sustained was caused by the breach of duty owed to you. If the driver hits you, you were hurt on work because you weren’t working in a safe environment, you tripped and fall on the road and so on, these actions were caused due of another’s fault. Hiring a lawyer can help you have a better understanding of these three key elements.