Personal injury cases can arise in numerous ways. They could involve a fall in a public setting, a car crash or a dog bite. While the circumstances in all of these cases differ, some legal principles are the same.
The most important factor in personal injury cases is negligence. If the injuries were caused by someone else’s negligence, then the plaintiff may be entitled to financial compensation.
What are the four key elements of negligence?
Duty of care
The first point to consider is whether or not the defendant owed a duty of care. If the defendant operates a business, then they owe a duty of care to all visitors. Drivers also owe a duty of care to all other road users. In most situations, people have a duty not to act in a way that is likely to injure others.
A breach of duty of care
To have a valid personal injury claim, the plaintiff must show that the defendant breached their duty of care. This can occur by either an act or omission. For example, a speeding driver has acted in a manner that was likely to injure another person. Or, a shopkeeper who failed to clean up a spillage has been negligent through their omission to clean up the spillage.
Causation and damages
The final two elements of negligence are causation and damages. The plaintiff must have suffered injuries that were the direct result of the defendant’s negligence.
Personal injury compensation can help cover your medical bills and other accident-related expenses. Seek legal guidance to assess whether or not you have a valid claim.
