4 Facts That You Must Prove To Win Your Personal Injury Case

Have you been injured by another person and feel that you should be compensated for your personal injuries? If yes, you must prove four facts at the very least.

Before I go further, please understand that this is to help you with very basic general information. It is not a legal treatise and it is certainly not a definitive statement of the law as it applies to your personal injury claim case.

Specific personal injury law varies state to state, but all personal injury law is based on peoples' actions that are negligent, reckless, or wilful. Negligence is the lowest level and requires the least amount of proof.

To win a personal injury claim case based on negligence, you must prove the following four facts:

(1) That the person who injured you had a duty to act in a certain way so as to not hurt another person.

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. For example, 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.

(2) That the person who injured you breached or broke that duty.

When people act in an unreasonable manner, they may breach the duty that they have. For example, 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.

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 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 unreasonable to drive 60 mph.

(3) That the breach or breaking of the duty is what caused you to be injured.

There has to be a relationship between the breach of a duty and your being injured. The legal test for the relationship between the breach of duty and the injury varies state to state. Some states apply a "but for" test. But for a person driving to fast, you would not be injured. Another states apply a "foreseeable" test. It is foreseeable that if a person drives too fast, you will be injured. Other states apply other test.

(4) 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 breach of duty. "Could have been" does not count. A person can drive through town, run every traffic light, speed, and drive on the left hand side of the road, but unless your are injured, you do not have a personal injury claim. Simply stated, personal injury claims are based on injuries.

This is very basic general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.

Stop! Wouldn't you like to know what personal injury claims you have and what it takes to be compensated for your injuries? Get more information here on Personal Injury. And click here for more insights on Personal Injury Compensations Claims.

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