Elements Personal Injury Lawyer Uses to Establish a Successful Injury Claim

When another person injures you, you may have a legal right to seek compensation for your injuries. In cases like these, you must first prove negligence on behalf of the responsible party to recover for your injuries. Legally speaking, negligence is a failure to use reasonable care under the circumstances, and some of the elements that will prove that the other party was negligent include but not limited to: Visit this link for Fort Lauderdale, FL facts.


The lawyer must first prove that the person against whom your claim is made owes you a duty. The duty can arise from ownership or operation of the injury instrument, the relationship between the people involved, or by law. Discover facts about Types of Benefits Personal Injury Lawyers Recover from a Compensation Claim.

Breach of Duty

Your lawyer must then prove that the responsible party breached its duty. A breach can result from an action or, sometimes, inaction by the responsible party.


You must then prove that the responsible party, by breaching its duty, caused you harm or damage. Besides, your injury or damage must have been “reasonably foreseeable” at the time. This is typically determined on a case-by-case basis, based upon all of the available evidence.


You must then show the nature and extent of your “damages,” i.e., your injuries or property damage. In negligence cases, damages often include hospital or medical expenses, lost wages, and pain and suffering. 

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