Injuries resulting from someone’s reckless or careless actions can bring about a personal injury claim. During such a case, four elements apply: negligence, duty of care, causation and the existence of damages. If you visit the website, a personal injury attorney in Lincoln, CA will explain these four elements and their effects on your personal injury case.
Negligence
One element in a personal injury claim is negligence, or failure to exercise reasonable care. If someone does something careless, even without the intent to harm, they are still liable for injuries occurring as a result of their actions. In some cases, reckless behavior can cause injury, such as when an intoxicated driver hits another vehicle. When showing negligence, the victim’s contribution to their injuries should be considered, as it can reduce the available recovery or preclude it entirely.
Duty of Care
To claim negligence, an injured party must prove that the other person owed them a duty of care. For instance, all drivers owe a duty of care to other motorists, bicyclists, motorcyclists and pedestrians. For slip-and-fall cases, the duty of care can apply on public and private property, and in medical malpractice cases the duty is inherent in the doctor’s work. The definition of “reasonable care” can change depending on the situation, but in most cases it is the standard provided by other individuals in similar circumstances.
Causation
To win a personal injury claim, an injured party must show that the other person’s failure to exercise care caused their injuries. Even if the reckless or careless act was not entirely to blame, it should have contributed to the harm caused. A claimant’s liability can reduce or eliminate recovery if it contributed to the accident.
Actual Damages
The final element of a personal injury claim is damages. If someone suffers no damages and is not injured, no claim exists; if injuries are minor, legal action is usually not warranted. Common damages warranting a claim include:
1. Medical bills
2. Lost wages
3. Disability
4. Pain and suffering
If you or someone you know has been injured due to someone else’s careless actions, call a Personal Injury Attorney in Lincoln CA immediately. A lawyer can help you determine whether your case has the four elements of proof, and they can help you get the award you deserve.
