Barber Law

What are the elements of a personal injury case?

Suffering an injury due to the negligence of another can be devastating. Whether the injury occurred at work, at school, in a store or on someone else's property, you need to know your rights as the victim. The most common option you have when suffering an injury due to someone else's negligence is to file a personal injury lawsuit to recover damages.

The following five elements must be satisfied in a personal injury case in order for the ruling to be made in your favor:

  • Duty
  • Breach of said duty
  • Cause in fact
  • Proximate cause
  • Damages

The defendant must owe the plaintiff a duty under the law due to a relationship between the two parties. It must also be proven that the plaintiff had the duty breached by the defendant in order to win a personal injury case.

Cause in fact is the section of a personal injury case where the plaintiff has to prove that the actions of the defendant were what caused injury to the plaintiff. Proximate cause is defined as the entire scope of the defendant's responsibility in a personal injury case.

Damages must also be proven to win a personal injury case. These can include injury to a person or to property. Actual damages must have been caused by the negligence of the defendant.

All five elements listed above must be present in order for you to win your personal injury case against the negligent party in Kentucky. Be sure that you protect your rights from the minute you suffer an injury and seek medical care.

Source: Findlaw, "Elements of a Negligence Case," accessed April 23, 2018

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