Have you or a family member been injured in an accident? Personal injury law provides you or your family member with the opportunity to recoup damages for lost wages, medical expenses and more in a personal injury lawsuit and Richard D. Hobbs & Associates, P.C. in Fayetteville, GA can help. Do you think you have a case for a personal injury suit? You may want to ask – what are the 4 parts of a personal injury case? Let’s take a closer look!
Do I Have a Case for a Personal Injury Claim?
When you are injured in an accident, lost wages, medical expenses, physical pain and emotional turmoil are all things that you may face over the course of your rehabilitation. We can help you determine if you have a case for a lawsuit at Richard D. Hobbs & Associates with a FREE consultation – but before we do – here are the four key parts of a personal injury case that we will examine with our experienced legal team.
1. Duty of Care
Everyone – yes everyone – has an innate duty to act in a safe manner in order to prevent injury to those around you. When you get behind the wheel of a car, truck or SUV, it is your duty to drive safely and without distraction in order to prevent accidents and injury. This responsibility is called Duty of Care. To have a personal injury case, there must be an element of Duty of Care.
2. Breach of Duty
A second element that must be present in a personal injury lawsuit is a Breach of Duty. As mentioned above, we all have a duty to take the proper amount of care to keep others safe. A Breach of Duty occurs when an individual, property owner or company fails in that duty. A key example is a driver who ignores a road sign or is texting and causes an accident.
The third element in a personal injury case is maybe the most common sense – there must be an injury to you, the claimant. Injuries that can be included in a lawsuit include physical, emotional or financial injury – that must be caused by a breach in duty. The injury must be recorded and documented.
4. Proof of Causation
Here is where a personal injury attorney can help. Even with all of these elements – you must still show your work in a court case. In a personal injury lawsuit, you must bring all of these elements together to prove that the injury you or your family member sustained is a direct result of the Duty of Care and the subsequent Breach of Duty.
Not sure if your injury fits the criteria for a personal injury case? We can help at Richard D. Hobbs & Associates with a quick guide that answers the question – what are the 4 parts of a personal injury case? Contact the Richard D. Hobbs & Associates Team for more information on personal injury law, car accidents, dog bites and more!