What Are the Elements of Personal Injury?
– Helpful Guidance from a Personal Injury Attorney in Bossier City
You may have seen the commercials where well-dressed individuals are peddling their message, indicating you may be able entitled to compensation if you’ve been injured in an accident. This may be true, but it’s not as easy as going to court and being awarded money. The judicial system doesn’t answer to marketing ploys and instead, looks at the facts of the case to determine if it meets the merits of a tort claim, resulting in a need for payment of damages.
When you’ve experienced an injury, you want to know you have options to get your life back on track and your expenses covered. Don’t depend on the television or billboard’s message. Seek out the services of a qualified and experienced Bossier City personal injury attorney instead to review your claim, determine if you have a case, and guide you through the complex laws within the world of personal injury law.
How the Court System Views Personal Injury Cases
Personal injury cases can be a little tricky. You may hear the terms “gross negligence” or “negligence per se,” which means different things and don’t apply to every situation. Additionally, don’t always assumed that because you got hurt, you have a case. There are a few elements the court system looks at which an experienced lawyer can aid you in understanding, including:
- It Falls Under Tort Claims: A tort is an act or failure to act that causes an injury or harm to another person. The courts look at tort cases as civil liability and may assess damages generally in the form of monetary damages.
- It is Based on Negligence: There are instances when we have a responsibility to exercise an appropriate level of care to provide safe places, be it on our property or in our businesses. The law recognizes standards of care based on the situation. For example, a medical doctor has a different level of responsibility for care than a drunk driver.
- Establishing Negligence is the Responsibility of the Plaintiff: It is up to the injured party to prove three elements in a personal injury case:
- Duty of Care: The plaintiff must prove that the defendant owed them a duty of care arising from a legally recognized relationship between the two parties. The relationship then places a burden on the defendant to exercise a standard of care to ensure the plaintiff wasn’t harmed.
- Breach: Next, the plaintiff must then show that they breached their duty to the plaintiff because the defendant failed to meet the required standard of care.
- Causation: Finally, after proving that the defendant breached their duty, the plaintiff must prove that their injury was caused by the defendant’s failure in their duty.
Get Your Life Back with Help from Personal Injury Attorney, David L. White
Ensure you or your loved one gets the representation you deserve in your personal injury situation. David L. White has the experience you want to assess your case, thoroughly answer your questions, negotiate on your behalf, and represent you in court if needed. He and his staff understand this is a trying time. They work with you to ensure you understand the process and communicate updates. They can take the most challenging cases and get favorable results. You get your life back. It is a win-win situation. Don’t delay in contacting David L. White today.
Contact your personal injury attorney in Bossier City to discuss your situation and see if you have a case. Give us a call at 318-747-7023.
