If you’ve been injured in an accident and believe that someone else is responsible, there are a few things you should know. Liability is a key element of most personal injury cases, including car accidents, premises liability (slip and fall), medical malpractice, and wrongful death.
To determine liability, you must establish four elements: Duty of care; Negligence; Causation; and Damages. This is a complex subject, and you should not attempt to handle it without the assistance of an experienced personal injury attorney.
Duty of care
In tort law, the duty of care is a fundamental concept that holds individuals and businesses liable when they cause harm to others. This legal obligation requires an individual to act with the same level of watchfulness, attention, caution, and prudence that a reasonable person would use in similar situations.
Liability for personal injuries is often based on this principle, especially when it comes to workplace accidents. The first step in proving liability is to show that someone owed you a duty of care.
For example, a bus driver is expected to yield to pedestrians at marked walkways. The defendant breached this duty when they failed to do so, and it was the “proximate cause” of your injuries.
Negligence
When a person or company does something that falls short of what an ordinary, reasonable person would do under similar circumstances, it’s called negligence. This can happen in almost any case, from an auto accident to medical malpractice.
Negligence is the legal basis for most personal injury claims, including car accidents, wrongful death, and slip and fall cases. It’s also a key element of products liability.
Once you can prove that a defendant’s actions were negligent, it’s time to figure out how much money they owe you for your damages. Your lawyer will translate your monetary losses into a dollar amount that reflects the harm you suffered.
The value of your damages will depend on your injuries and monetary losses, but it can also vary significantly from case to case. A lawyer will be able to evaluate your claim for financial recovery and help you decide how much you can expect to receive in an insurance or lawsuit settlement.
Causation
Causation is one of the most important elements in a personal injury lawsuit. It involves proving that a defendant was liable for your injuries and damages.
Typically, this requires establishing a chain of cause. The plaintiff must prove that the defendant’s conduct was both the actual and proximate cause of your injuries and damages.
Proximate cause is more difficult to establish than actual cause, as it involves demonstrating foreseeability. It must be reasonable for the defendant to anticipate that their actions would result in your injuries.
Think of proximate cause as a chain of events, where each link connects to the last. A defendant can break this chain by intervening causes, such as another party’s behavior or an unforeseeable event.
Damages
When you suffer an injury due to someone else’s negligence, you can pursue compensation for damages. This includes money to pay for past and future medical expenses, lost wages, pain and suffering, and other losses that resulted from the accident.
Damages are awarded in both personal injury cases filed with insurance companies and court-based lawsuits. The amount of these damages will depend on how much time you have left to file a claim under the statute of limitations, and whether there is enough coverage to cover your losses.
There are three types of damages in a personal injury case: economic, non-economic, and punitive. There are also legal rules that require plaintiffs to take reasonable steps to minimize their damages.
