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Unintentional injuries affect 58,500 people annually, according to data from the CDC. Anyone who has been hurt in a slip and fall, car accident, or suffered because of medical malpractice, should considering filing a personal injury lawsuit.
With around 2,000 people seeking medical help for a slip and fall injury every day, and falls accounting for more than 8 million ER visits a year, chances are it will happen to you sooner rather than later. To successfully prove negligence and receive compensation, there are three main elements to consider:
Duty of Care Was Owed to You
Firstly, you must be able to prove that the defendant had an obligation to behave in a reasonable and prudent manner towards you under the circumstances.
For example, a store owner must keep their premises reasonably safe for customers. A driver must follow traffic laws and drive carefully, which often doesn’t happen, leading to 2.3 million reported injuries caused by auto accidents each year. And a doctor must diagnose and treat patients according to professional standards – 15% of all personal injury cases are caused by medical malpractice.
If you cannot establish that the defendant any of this, then there are no grounds for a negligence claim.
The Duty of Care Was Breached
Secondly, you have to prove that the duty of care was breached. This means showing that the defendant failed to uphold the duty they owed you and did not act with reasonable care.
Some examples would be a store owner failing to clean up a spill, a reckless driver speeding or driving through a red light (1,109 people died in red light accidents in 2021), or a doctor misdiagnosing an illness or prescribing the wrong medication. You have to show that the defendant’s conduct fell below what a reasonable person would do in the same situation.
The Breach Directly Caused Your Injuries
Finally, Attorney Triumph Curiel, an experienced personal injury lawyer in Phoenix, asserts that you need to establish a causal link between the breach of duty and your injuries. You have to show that the defendant’s negligent actions directly resulted in your damages.
For instance, that a puddle of water left on a floor led directly to your slip and fall, or that a doctor’s incorrect diagnosis caused your condition to worsen. Without proving causation, there is no basis to hold the defendant legally responsible.
Working with a Personal Injury Attorney
Proving negligence and causation can be complex, especially up against insurance defense lawyers. An experienced personal injury attorney can help build your case by collecting evidence and testimony to back up these key legal elements. They may work with accident investigators, doctors, biomechanical engineers, or other experts.
With solid proof of duty, breach, and causation, you can seek compensation for damages in your negligence claim or lawsuit. This may be a loss of income, medical bills, some form of physical suffering, a loss of enjoyment of life, and punitive damages where applicable. An attorney can advise you on the potential value of your case.