While it may seem obvious to a car accident victim that their crash was someone else’s fault, there are certain elements that must be proven in a court of law in order to have a successful personal injury lawsuit. Recovery is possible through the negligence principle and four elements must be proven to receive compensation:
- Duty: the plaintiff is owed a legal duty by the defendant. The plaintiff and the defendant’s relationship might be such that a legal duty is owed from one side to the other, such as a doctor and their patient or a motorist on the road to other motorists.
- Breach: the legal duty was breached by either the defendant’s actions or defendant’s failure to act. The court considers whether a reasonable person would have acted the same way in similar circumstances.
- Causation: the plaintiff’s injury was actually caused by the defendant’s actions. It is not enough that someone be acting negligently; the defendant’s negligence should actually have caused the injury.
- Damages: the harm or injury was caused by the defendant’s actions. The court should be able to compensate the plaintiff for his or her injuries.
Becoming injured in a car accident can turn the victim’s life upside down and medical expenses may set the victim’s recovery back. One way to cover the financial burden associated with the accident is to file a personal injury lawsuit to hold the other party responsible.