Filing a Personal Injury Claim
After getting into a serious accident at work, while on the road, or even when walking around outside, you may have hopes of filing a lawsuit against the person or people that are responsible for those injuries. While some cases are serious enough to require taking legal action, not all situations are the same. Below, we outline the elements of a personal injury claim.
The Elements of Personal Injury Claims
During a consultation with a personal injury attorney, you can find out if you have a case by going over the primary elements of these claims, which include:
- The defendant had a responsibility
- The defendant did not take care of that responsibility
- The lack of care caused the injuries
- The victim has suffered from the negligence
Victims should expect to try receiving compensation for their injuries if each of these elements is included in their case. It is important to have evidence that the injuries were caused by the defendant, too. The evidence could include images and statements from witnesses.
Responsibility
A defendant will usually have a specific responsibility. As an example, an employer has the responsibility of providing a safe workplace for the employees. If the workplace is dangerous for any reason and an employee gets hurt while on the job, the employer is at fault because he or she did not handle their responsibilities the right way. When there is no way to prove that the defendant had any sort of responsibility to the victim, it is hard to win a case.
Breach of Responsibility
The lawyer must be able to prove that a breach of responsibility occurred, causing the injuries that were sustained. In some instances, the accident has nothing to do with a breach of responsibility. For example, the employer may have followed protocol, set out specific work guidelines, and took every measure possible to provide a safe work environment only for someone to still end up getting hurt.
Cause of the Injuries
An individual only has a case that is worth pursuing when their injuries were caused directly as a result of the breach of responsibility.
The Damage
An individual cannot file a lawsuit unless they have been harmed in some way. Not all injuries are physical, and it is possible for people to suffer from emotional pain and suffering, even if it is slightly harder to prove it.
Is the Defendant Liable?
There are some cases where it is obvious that the defendant is liable for the injuries that occurred but not all cases are as simple. If the defendant had a responsibility to protect the victim and failed to do so, it is much easier to prove that the defendant was negligent. In some instances, the defendant points the finger at the victim and claims that he or she did something wrong to end up with injuries, such as not following rules in the workplace or not paying attention. An attorney will want to establish who is liable before going through with representing someone.
Supporting Evidence
A personal injury attorney often wants to make sure there is enough evidence to support the information that has been provided by the client. The evidence should prove the client is correct about what transpired directly before the injuries occurred. The attorney may want to gather evidence from surveillance footage, police reports, medical documents, and witness statements.
Contact a Linwood Personal Injury Lawyer to Discuss Your Case in New Jersey
Did you or a loved one sustain serious injuries due to a personal injury in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at The Law Offices of Richard A. Stoloff represent clients injured because of personal injury in Atlantic City, Egg Harbor, Pleasantville, Galloway Township and throughout New Jersey. Call 609-601-2233 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 605 New Road in Linwood, as well as offices in Philadelphia.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.