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What Do I Have to Prove to Win My Personal Injury Case? 

 Posted on June 06, 2023 in Personal Injury

Decatur Personal Injury LawyerPersonal injury claims are used to recover monetary damages after an injury caused by another party's negligent or unlawful actions. Car accidents, medical negligence, nursing home neglect, defective products, and farm equipment accidents are just some of the accidents that may lead to a personal injury claim. In order to win a personal injury case, the injured party must prove four elements: duty of care, breach of duty, causation, and damages.

What Does "Duty of Care" Mean?

Duty of care means that the defendant had an obligation to act in a reasonable manner so as not to cause damage or injury to another person or property. This includes taking steps to keep a premises safe, driving safely on the road, and providing proper medical care. The duty of care is based on the relationship between the parties involved. For example, when a doctor-patient relationship is established, the doctor owes a patient a duty of care. Specifically, the doctor must meet the "medical standard of care."

What Does "Breach of Duty" Mean?

If the defendant failed to fulfill their duty of care, then it is considered a breach of duty. For instance, if a doctor failed to diagnose an illness or prescribed the wrong medication, then this could be considered a breach of their duty of care. The injured party must prove that the defendant breached their duty in order to win the case.

What Does Causation Mean?

In order for the plaintiff to prevail in a personal injury case, they must prove that the defendant's actions were the cause of their damages. This is known as "causation." For instance, if a doctor failed to diagnose an illness and it resulted in further medical complications for the patient, then causation has been established.

What Are Damages?

Damages are the losses suffered or expenses incurred by the plaintiff as a result of the defendant's breach. These damages can include medical bills, lost wages, and pain and suffering. The injured party must prove that they suffered losses in order to recover compensation.

By proving all four elements—duty of care, breach of duty, causation, and damages—the injured party will be able to win their personal injury case. It is important to consult with an experienced attorney who can assess the facts of the case and advise on the best legal options available.

Contact our Springfield Personal Injury Lawyer for Help

If you or a loved one were hurt by someone else's actions, you may be entitled to compensation. Our experienced Springfield personal injury lawyers at Kanoski Bresney can work with you to pursue the compensation that you deserve for your injuries and damages. We understand how difficult it can be to navigate a personal injury case, which is why we are here to help. Contact us today for a free initial consultation.



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