A personal injury can either be caused by negligence, an intentional wrong, or a defective product. If you have been injured it is important to understand which of these types of tort actions caused your personal injury. To prove any of these torts you must prove the following elements. If you can not prove these elements you will not be able to win your personal injury lawsuit.
- Did a legal duty or “duty of care” exist between you and the person who caused your personal injuries? For example, a doctor has a duty of care to their patient.
- Did the party who caused your personal injury behave in such a manner that they “breached” their duty of care? For example, did the doctor behave in an unprofessional or negligent manner that another doctor in a similar situation would not have behaved?
- Did the person’s negligent actions cause your injuries? For example, were your injuries caused by a drunk driver?
- Did you suffer emotional, physical or financial loss due to your personal injuries? For example, did the car wreck cause you to miss work and incur unnecessary medical costs?