Do you know that the chances of being hurt while driving in Savannah is 37% more than the national average? Scary, isn’t it? I know. A Savannah personal injury lawyer can make such situations less scary.
Nobody wants to be in an accident or face unnecessary problems from a third party. But we don’t know who is nurturing anger/resentment against ourselves around us and who is just being purely careless about their actions and hence, keeping ourselves safe from such mishaps is purely impossible. It can happen anywhere and at any point in time.
This is why a personal lawyer helps. A lawyer can get you the right justice/compensation for somebody else’s mistakes. But even before hiring a lawyer, you as a resident of a country should be aware of what you can do, at the moment of the accident/incident and later.
Here’s presenting to you main 4 elements of personal injury law that everyone must know about:
What Is A Personal Injury Law?
This is the area of law that safeguards you when someone else tries to harm you. You can file for compensation in a state or federal court, and the law will examine the case and provide you with justice.
Four Elements Of A Personal Injury Law
Everyone in the community has a duty of care to avoid actions that harm others reasonably. Failure to act reasonably, or, in simpler terms, negligence in care, causes most personal injuries. Here are the four elements of a general negligence claim:
Duty of Care
- One party owes a duty of care to another party, and the level of the duty of care varies based on the relationship between those parties.
- The duty of care also varies based on the type of personal injury case.
- For instance, drivers must have a duty of care towards others by operating their vehicles in a way that doesn’t pose others at risk. Similarly, doctors have a duty of care for their patients to show the accepted standard of care in a medical situation.
Breach of duty of care
- A duty breach is a failure of the duty of care of one party to another party. It can happen in many ways.
- For instance, overspeed or drunken driving would be a duty of breach as those behaviors pose risks to others on the road.
Causation
- Causation is the negligent behavior of one party that causes the injury of another party. However, you must have the evidence to prove that the other party is the cause of your injury.
- For example, if a homeowner is aware of the water leakage on the floor and the owner is negligent to repair the damage. This behavior of the owner is the cause of your accident. But You must have the evidence to prove this.
Damages
- Financial, economic, or non-economic damages plays a crucial role in recovering compensation for a personal injury.
- However, you must prove the negligence, or strict liability, or other negligent activities of the other party that caused your injury to claim compensation for your damages.
- Moreover, by comparative fault law, the victims can claim compensation if the percentage of fault in the injury is less than 50 percent.
Conclusion
The four elements of personal injury law, which are duty of care, duty breach, causation, and damages are crucial in personal injury claims. Awareness of these elements will make you feel confident in the compensation process. Moreover, seeking the help of a personal injury lawyer will be an added advantage as they can handle the insurance providers easily.
