PARTS OF A CLAIM
General |November 23rd, 2018
When you file a personal injury claim, you want to know the ins and outs of it. This can help maximize the amount of compensation you may receive. Whether you’ve filed a claim before or not, this will help you better understand the process.
Basic Case Requirements
It is important to note that the ability to demonstrate the following does not necessarily mean that one will win in a civil lawsuit. Rather, these are the requirements that must be met in order for a plaintiff to justifiably file a claim in the first place. The absence of one or more of these components is likely to result in the dismissal of a lawsuit.
1. The Presence of a Duty
Every injury case starts with a duty from the defendant to the claimant. In the case of a car accident, this duty can be as simple as driving safely. In more complicated situations, a company or person may have the duty to prevent injuries with their product or on their property.
2. The Breach of the Duty
An injury claim begins when the duty expected of the defendant was breached, creating the potential for blame to be placed upon the defendant.
3. An Injury for the Claimant
A claimant needs to sustain a physical, emotional, or financial injury for a claim to be filed. Without evidence of this injury, a lawsuit may not go forward.
4. Causation between the Breach of Duty and the Injury
One of the most important parts of an injury claim is needed to bring together the other elements. A claimant needs to prove that the defendant’s actions were responsible for their injuries.