Sanford Personal Injury Lawyer

Personal Injury legal disputes arise when a person suffers harm from an accident in which another individual or entity is liable for the victim’s harm. When someone’s negligence causes harm to another person, the victim has the legal right to file a personal injury claim. The liable party is required to financially compensate the victim for any damages resulting from the accident.

In some personal injury claims, it’s easy to determine who is liable for the accident. Other times, it can be complicated to determine liability. An experienced Sanford personal injury lawyer can help you determine who is at fault for your injuries. They can also help you gather the necessary evidence to build a strong claim to help you get the compensation to which you are entitled. 

How to Prove Negligence in a Personal Injury Case

To prove negligence in a personal injury case, the victim, or the plaintiff, must prove the following four elements to show that the other party, the defendant, acted negligently:

Duty of Care

Before moving forward with a personal injury claim, it needs to be established that the defendant owed the victim a legal duty of care. Legal duty of care means that the defendant owed the plaintiff the duty to act with reasonable care in the circumstances which led to the accident. For example, car drivers owe a certain level of duty of care to those who share the road with them. 

Breach of Duty

Once it is established that the defendant owed the victim a duty of care, it needs to be proven that the defendant breached their duty of care. A defendant can breach their duty of care with their actions or inaction. As mentioned above, car drivers owe a duty of care to everyone else on the road. They breach their duty of care when they drive recklessly or under the influence.

Causation

Now that it’s been established that the defendant owed a duty of care to the victim, they need to prove the breach caused the victim’s accident. Causation means that there needs to be a direct link between the defendant’s breach of duty and the circumstances of the victim’s accident and injuries. Once again, looking at car drivers, if their reckless behavior caused the accident, then their actions caused the victim’s injury. This sequence of events establishes causation.

Damages

For the victim to recover damages for their losses, those losses must be directly linked to the accident and the resulting injuries. 

Damages a Victim Can Collect from a Personal Injury Claim

When a person is injured because of someone else’s negligent behavior, they are entitled to file a personal injury claim to collect damages. The damages a victim may be eligible to collect include:

Medical Expenses

Victims may suffer extensive and costly medical procedures and treatments because of the accident. The at-fault party should cover any medical cost associated with the victim’s injury and recovery process.

Lost Wages

Some victims may experience injuries that prevent them from working or leaving them with a limited ability to work. They deserve to be compensated for any wages they may lose out on due to the accident. 

Property Damages

If a person’s property is damaged or lost during or because of the accident, they should be fairly compensated. Property damages do not just include homes and land. The term also applies to any physical belonging the victim had with them at the time of the accident, such as their bike or phone. 

Pain and Suffering

Victims of a personal injury accident don’t just suffer physical injuries; they also go through emotional and mental pain. Accident victims deserve to be compensated for all pain and suffering they endure as a result of the accident.