What You Must Prove In A Personal Injury Case - Do You Have A Case

Section 3. What You Must Prove In A Personal Injury Case - Do You Have A Case

Specific personal injury law varies from state to state, but all personal injury law is based on actions of people where their actions are negligent, reckless, or wilful. Because negligence is the lowest level and requires the least amount of proof, it is discussed here.

There are 4 facts that must be proved in a negligence case.

(1) It must be proven that the person who injured you had a duty to act in a certain way so as to not hurt you or another person.

Generally, people have a duty to act in a reasonable way considering the circumstances. And, most of the time, it is really a matter of common sense. As examples, a person has a duty to drive on the right hand side of the road. A person has a duty to apply his/her car breaks when there is a hazard in front of him/her. A business has a duty to keep the floor clear of slippery substances or at least worn you and other people of slippery substances.

(2) It must be proven that the person who injured you breached or broke his/her/its duty.

When people act in an unreasonable manner, they may breach the duty that they have to you and others. In the above examples, a person driving on the left hand side of the road breaches the duty to drive on the right hand side. The person who sees a hazard in front of him/he, but does not apply his/her car breaks breaches his/her duty to apply the breaks. A business that allows a floor to be slippery or does not give notice of the slippery substance breaches its duty to keep floors clear or to warn of slippery substances.

Sometimes, the same action can be or not be a breach of duty depending on the situation. For example, the speed limit may be 60 mph. On a clear day, it is safe, acceptable and not a breach of duty to drive 60 mph. However, in the middle of a storm with heavy rain or snow, it will likely be a breach of duty to drive 60 mph. The speed is the same, but the situation has changed. In heavy rain or snow it may be unsafe, unreasonable, and a breach of duty to drive 60 mph.

(3) It must be proved that the breach or breaking of the duty is what caused you to be injured.

There has to be a causal relationship between the breach of a duty and your being injured. The legal test for the causal relationship between the breach of duty and the injury varies from state to state. Some states apply a "foreseeable" test. It is foreseeable that if a person drives on the left side of the road, you or someone else will be injured. Other states apply a "but for" test. But for the driving on the left side of the road by the person who injured you, you would not have been injured.

In most cases, it is really a matter of common sense answering the question of why you were injured. Why did the car hit you and cause your injury? Because the driver was driving on the wrong side of the road. Why did you slip and fall? Because the business did not clean up a slippery substance or did not warn you about it.

(4) It must be proved that you were injured.

This sounds obvious. But some people think that they should recover for personal injury on the bases that they could have been injured by the other person's actions. "Could have been" does not count. A person can drive on the left side of the road, speed, and ignore every traffic light, but if no one is injured, there is not a personal injury case. Simply stated, for you to have a personal injury claim case, you must be injured.

Do You Have A Personal Injury Case?

For you to have a personal injury case, you must be able to prove that the other person or business had a duty to act in a reasonable manner considering the circumstances, that the other person or business did not act reasonable, that because the other person or business did not act reasonably, you were injured, and that, in fact, you were injured.

The above is general information only and may or may not be applicable to your situation. If you have any questions whatsoever, talk with a lawyer licensed in your state.

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