What Must Victims Prove in A Personal Injury Claim?
Nov. 1, 2018
Carelessness, negligence and reckless behaviors often lead to personal injury for innocent victims. Examples of negligent events that cause such injury include car accidents, medical malpractice, slips-and-falls and defective products. Unfortunately, even the most clear-cut cases of personal injury must be proven in a legal setting before victims or the families of victims can achieve success.
In the interest of helping Tennessee residents determine if they have grounds to move forward with a personal injury action, the following section explains the most important elements of an injury claim. This information, combined with the guidance an experienced attorney provides, can give victims the power to hold all responsible parties to account.
Duty and Breach of Duty
These two elements involve showing how the party who caused injury had a duty to practice care or caution around the injured victim. It also involves showing that the responsible party breached that duty by behaving in a negligent manner that caused injury to the victim.
Cause in Fact
Victims must show how the person responsible for causing the injury should have foreseen the danger, and thus, modified his or her actions accordingly.
This element involves showing that the defendant’s actions or inaction caused actual harm to the victim. For example, if the defendant acted negligently but no personal injury occurred, the victim cannot take legal action.
Obviously, proving the elements above is just one small part of a personal injury case. Learning about these and other aspects of a possible claim gives you the knowledge to help you make the best decision for you and for your family. Seeking advice from a lawyer can also aid in making these important decisions.