The cornerstone of a personal injury claim is the legal doctrine of negligence. Negligence refers to any conduct that falls short of the expected standard of behavior in which a person engages when performing a legal duty, whether that duty be driving a car or providing medical treatment. When alleging responsibility in a personal injury case, we are asserting that an individual or party breached their expected legal duty of care and that you were injured as a result of this breach.
Furthermore, we will have to demonstrate that you suffered a monetary loss as a result of this breach and incurred expenses related to medical bills, lost wages, pain and suffering as well as other damages. In any event, you can expect that we will have to demonstrate four different elements during negotiations or litigation to be successful.
- The defendant owed you, the plaintiff, an expected legal duty of care
- The defendant breached this duty of care
- The defendant’s breaching of this duty of care directly caused your injuries
- You suffered monetary damages as a result of these injuries
If a person or party meets all these criteria when it comes to your personal injury case and we have gathered sufficient evidence to prove it, you stand a good chance of receiving compensation for your ordeal.