Laying the Foundation for a Personal Injury Claim

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A person injured in an accident caused by someone else’s negligence must prove the existence of certain factors in order to prevail in a personal injury claim or lawsuit. These elements have been well-established in what technically is known as tort law in the United States.


Duty of Care
The first element of a personal injury case is what is known as demonstrating the existence of a duty of care. Providing an example of a duty of care tends to be the best way to explain this element of a personal injury case. An automobile driver has a duty of care to operate a car in a reasonably safe manner.
Breach of Duty of Care
The next element that must be proven in a person injury case is a breach of an existing duty of care. The example of a car driver is illustrative. A car driver breaches a duty of care by driving through an intersection against a red light.
Proximate Cause
A third element that must be demonstrated in a personal injury case is what legally is known as proximate cause. Proximate cause means that the breach of the duty of care must be the actual and legal cause of the accident and associated injuries, damages, and losses.
Actual Damages or Injuries
Finally, in order to prevail in a personal injury case, a person must prove that he or she has suffered actual losses, damages, or injuries. Losses, damages, and injuries cannot be speculative. They must be demonstrable.
Compensation in a Personal Injury Case
Once the elements of a personal injury claim are established, a demonstration of specific losses is necessary. Compensation awarded depends on the facts and circumstances surrounding the accident, together with the nature and extent of injuries, damages, and losses.
With that noted, examples of losses for which compensation oftentimes is awarded in a personal injury case include money for medical bills and expenses as well as pain and suffering. Lost income, permanent disability, and property loss or damage represent other types of losses for which financial recovery may be possible in a personal injury case.
Retaining a Personal Injury Lawyer
The first step in retaining a personal injury lawyer, like a member of the legal team at the Russell & Hill law firm at russellandhill.com is to schedule an initial consultation. At an initial consultation, a skilled, experienced personal injury attorney will provide an evaluation of your case. Legal counsel will also provide answers to an injured person’s questions. There is no fee charged for an initial consultation with a personal injury lawyer.
As a matter of routine, a personal injury lawyer utilizes a contingency fee agreement with clients. Through this type of agreement, a client pays no fee in a personal injury case unless a favorable settlement or judgment is obtained in the case. The attorney fee is an agreed percentage of a settlement or judgment obtained in a personal injury case.

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