The Four Main Elements in Any Personal Injury Claim

When somebody has acted in a careless fashion and it leads to an accident, you may wonder what rights you have to compensation. You always have a right to seek damages against a party who has caused you harm through their reckless acts. Many accidents occur each year in Florida due to reasons like distracted driving, drunk driving, speeding, and many other acts. If you are able to prove certain elements after your accident, you may be eligible to bring a personal injury claim.

Elements in Personal Injury Claims 

Duty of Care: A duty to exercise reasonable care must be established, first and foremost, before you bring your claim. Every driver on our roads owes a duty of care to the other drivers who navigate our roadways. There are many different people to watch out for when you are the driver of a vehicle such as motorists, pedestrians, bicyclists, motorcyclists, and more. Every driver must abide by the rules of the road that are laid out for them. 

Breach in Duty of Care: A breach in the duty of care constitutes a claim in many cases. If an individual committed a careless act, then this is seen as a breach because drivers must do whatever it takes to avoid accidents at all costs. An example of this is when a driver is texting and driving, which is one of the most common types of distracted driving and can easily lead to a serious accident. However, if you want to prove this element, you must be able to show that the driver’s negligence actually contributed to your accident in some way.

Causation: Causation is being able to show that the failure to exercise reasonable care actually led to the injuries. This means that, if you are liable for your own accident in any way, it could bar a percentage of or your full recovery so that you are not entitled to the damages that you once thought you were. 

Damages: Damages are the final element and one of the most important pieces of any personal injury claim. This is because, if you did not suffer any damages, there is no need for you to bring a personal injury claim because there is nothing for you to recover. Some of the damages that typically play a role in personal injury cases include aspects like medical costs, lost income, pain and suffering, and disability among many others. An attorney will be able to help determine if there are damages that you are entitled to after your accident.

How an Attorney Can Help After a Car Accident 

You never want to stand alone after you have been harmed in a collision that was not your fault. This is why it is imperative that you speak with a car accident attorney at Sheftall & Associates to find out what options are available for you after you have been injured in a collision. We will help you navigate the legal system and work toward the compensation you deserve. Please contact our law firm in Florida to find out how we can assist you at (904) 638-7712.


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