Personal injury law can be complicated. In order to understand how these claims work, it is often easier to focus on some of the key important elements. These elements include: duty, breach of duty, causation, and damages.
When you file a claim or lawsuit, you and your legal representative must be able to construct a case that demonstrates these factors and how they relate to your accident. When this is done effectively, you will have a better chance of securing the financial compensation you need to cover your damages.
- Proving "Duty of Care" – The term "duty of care" refers to a legal obligation held by one party to provide reasonable protection to another party. As a personal injury plaintiff, you must be able to show that the defendant owed this legal duty to you. A grocery store, for example, is legally obligated to provide a reasonably safe shopping environment for customers. This is duty of care.
- Breach of Duty – When one party breaches duty of care, it becomes legally responsible for the victim's damages. When a driver sacrifices safety by texting behind the wheel, he / she breaches "duty of care" owed to other drivers, passengers, and pedestrians.
- Causation – Negligence without causation will lead to an unsuccessful personal injury claim or lawsuit. Even if you suffered a serious injury, and the defendant acted negligently, your case is not valid until you can show a correlation between the injury and the negligence. Specifically, you must show that the at-fault party’s negligence more likely than not caused your injury.
- Injury and Damages – The final step in a personal injury claim is demonstrating your damages. This might include an actual injury, financial loss, doctor's bills, pain and suffering, or property damage. Once you establish the losses associated with your accident, you can demand fair compensation.
Legal Guidance is Essential
If you sustained a serious injury, you've probably asked yourself, "Do I really need a lawyer to get the money I deserve?" While you are not legally obligated to hire an attorney, you stand a better chance of recovering maximum compensation with a skilled lawyer on your side. Without an attorney, the opposing side may try to offer you less than you deserve or no money at all.
To get the legal help you need, speak with a Houston injury attorney from The Daspit Law Firm today and request a FREE consultation.