The Four Elements That Must Be Proven In A Personal Injury Case

If you have been involved in a personal injury case, there are certain things that you must prove in order to receive compensation for your injuries. Since there are quite a few things that must be proven, it can be difficult to do on your own, especially if the responsible party is not admitting fault in the situation. This is why it's important to hire a personal injury attorney who will help you prove these four essential things:

The Defendant Had a Duty to Prevent Harm: The person who was responsible for the incident must have had a duty to prevent harm to you. For example, if this person injured you because they were driving a vehicle and hit you, then it's likely negligence unless their car failed, in which case the defendant would be the car manufacturer or a mechanic who failed to do proper work. Whatever the case, proof must be there that the person truly had a duty to keep you safe and failed to do so. 

The Defendant Acted Wrongfully: Once it's proven that the defendant had a duty to prevent harm, it must then be proven that because of their misguided actions the accident occurred. The proof can be given in scenarios, such as if that person didn't act in a certain way, then such and such wouldn't have a happened. A personal injury attorney is good at coming up with these scenarios. 

The Actions Caused Your Injury: Next, you need to prove that your injuries were not the result of any kind of injury that happened before the accident or after. This is why it's extremely important to be mindful of your actions after the accident. Be sure that you visit your doctor and take care of yourself as your doctor has recommended. You should also follow the advice of your attorney to ensure that your actions are not held against you in court. 

There Are More Damages: Finally, aside from proving that your injury was directly caused by the accident, you must also prove that other damages were done because of the incident, as well. This includes loss of income, emotional distress, and more. Since some of these damages are vague, it's important that your personal injury attorney has experience proving these situations. 

When you are able to prove these four elements in your personal injury case, you have a decent case that can easily be won. For more information, contact local professionals like those found at Hodge Law Firm.


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