Our Car Accident Attorney Philadelphia Reveals the Four Elements of A Personal Injury Claim
March 31, 2022
When you work with a car accident attorney Philadelphia drivers trust, you can expect to receive representation when you file a personal injury claim. If you were injured as a result of another driver’s reckless actions, you may be eligible for compensation. It is important to understand the four basic elements of any personal injury claim. First is the duty of care, then the failure to exercise reasonable care, causation, and the presence of damages.
Duty to Exercise Reasonable Care
This duty refers to the fact that all drivers are required to act with reasonable care for the safety of others on the road. This includes pedestrians as well as general traffic. Drivers are required to behave responsible and avoid accidents with others whenever possible. All who use the road have this duty when it comes to other motorists, pedestrians, bicyclists and motorists. In the case of a slip and fall accident, business and homeowners are generally responsible. In some cases, the government may be held responsible if the fall occurred on public property. If medical malpractice is involved, the duty to exercise reasonable care is inherent within medical care. A car accident attorney Philadelphia drivers trust may be able to help you determine whether the duty to exercise reasonable care applies in your case.
Failure to Exercise Reasonable Care
The second element of any negligence case involves a breach in the duty of care. This may result from the careless action of an individual, such as not observing a stop sign at an intersection. Even if there was no intent to harm someone else, the duty to exercise reasonable care remains in effect. In other cases, reckless behavior may be involved. Drunk driving and speeding are considered reckless violations of the duty to exercise reasonable care. It is important to consider whether the victim filing the claim was also negligent, in which case both parties may hold responsibility.
Causation is the third element in a personal injury case, and it refers to the idea that the failure to exercise reasonable care resulted in the injury. Even if the recklessness or negligence was not the sole cause of the injury, the guilty party may still hold responsibility. In some states, the claimant’s liability can reduce the amount he or she is able to collect.
The actual damages suffered are the final element of a personal injury claim. If you were not actually injured, you do not have a valid claim. Some injuries may not warrant the pursuit of legal action. A car accident attorney Philadelphia claimants trust may be able to help you determine whether your claim is worth pursuing. In most cases, only claims that resulted in financial loss, physical injury, mental or emotional distress, or the damage of property are worth pursuing in court. It is required that you prove that the damages you suffered were actually caused, at least in part, by the reckless or negligent actions of another driver or entity. If there is no clear evidence that this is the case, it may be costly and difficult to make a successful claim.
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