Winning a personal injury lawsuit is vital for any victim. Whether you were seriously injured, suffered financial damage, or lost valuable property, you need this win in order to fully recover. The best way to win your case is to understand the three components of a strong case and how they work together. In fact, because all three must be proven, they are all equally important to you. Here's what you need to know about them.
That the Person Had a Duty
The first component of your case must establish that the defendant owed you a duty of care. This duty varies depending on the circumstances. It may be as simple as a driver whose duty is to avoid causing harm to others or as complex as a physician who must meet the expected standards of their profession.
Duty of care sounds like an easy hurdle, but it can be complicated. Different states, for instance, define a landowner's duty of care toward visitors differently based on the reason they are there or how expected their presence was. Failure to establish the right duty of care makes the rest of your argument null and void.
That They Breached that Duty
Next, how did they breach that duty? In general, the person must have breached their duty of care either intentionally or through negligence.
A property owner, for example, is not automatically liable for accidents on their property if they did not breach their duty of care. If you fell on the property but there was no way for the property owner to have foreseen the possibility and prevented it, they may have been neither negligent nor malicious.
That You Were Injured as a Result
Finally, you must link your injuries directly to the breach of duty. While this may seem obvious to you, your opponent will try to discredit that link. They may claim that your injuries came from some other event, were pre-existing, were due to mismanagement on your part, or are not even what you claim them to be.
It will be frustrating to spend time proving that the damage you suffered came from the defendant's actions, but it's a necessary investment in your case.
Where to Learn More
How strong are these three components in your personal injury claim? A weakness in any one of them creates a weak link in the chain. Combat any potential weaknesses by getting a personal injury legal consultation in your state today.
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