What elements do I need for my personal injury case?

December 28, 2023

Navigating personal injuries can be an incredibly challenging and emotionally draining experience. A personal injury can negatively impact various aspects of your life, extending beyond the physical consequences. It can disrupt daily routines, impact your relationships and mental health, and put a strain on your finances due to medical expenses and the possibility of not being able to go back to work.

What is classified as a personal injury?

A personal injury refers to any physical or psychological harm or damage inflicted on an individual as a result of an accident, negligence, intentional harm, or wrongdoing by another party. Some of the common examples of personal injuries include vehicle accidents, medical malpractice, product liability and workplace injuries. 

What elements do I need to fight a personal injury case?

A personal injury case occurs when an injured individual initiates a lawsuit against the person or entity responsible for their harm and/​or damages. The main purpose behind these lawsuits is to attain financial compensation for the losses they have or are suffering due to their injuries. These losses can include medical expenses, lost wages, pain and suffering compensation, etc. In order to win these lawsuits in your favor, there are some essential elements that are required to prove your claim(s).

Duty of Care & Breach of Care: Duty of care refers to the legal obligation that an individual or a company has towards an individual to provide reasonable care. Additionally, the breach of duty refers to the evidence that indicates the responsible individual(s) breached their duty of care. Having this evidence is vital to proving the wrongdoing of the responsible party as well as to gain financial compensation for your losses. 

Damages & Causation: Damages refer to the documented evidence of the actual damages that have occurred. Some examples of this include medical bills, hospital records, lost wages and property damage. Non-economic damages include pain and suffering and/​or emotional distress. Causation is the evidence that indicates that the defendant’s breach of their duty of care was the cause of your personal injuries. These two pieces of evidence are also crucial to winning your personal injury case. 

Legal Representation: Having a skilled and experienced personal injury lawyer can also significantly strengthen your case by increasing the likelihood of winning the case. A lawyer can help navigate the legal procedures and utilize the evidence provided to advocate for your rights by getting you the financial compensation that you deserve.

Our team of experienced lawyers at Ball Eggleston understand the challenges that accompany personal injury cases. We’re dedicated to guiding you through this legal journey as well as are here to support you every step of the way towards a successful resolution for your case.