The Elements of a Personal Injury Claim

The Elements of a Personal Injury Claim

We understand that when you’ve been seriously injured in an accident, the pressures regarding medical bills, missing paychecks, physical and mental pain and suffering immediately begin to mount. If you or a loved one has been injured in an accident caused by another individual’s negligence, you may be entitled to compensation for damages under Florida personal injury law.  In a case based on negligence, the victim of injury must establish that the at-fault party was responsible for the accident and the injuries they suffered. 

That is one of the reasons that you need to work with seasoned personal injury lawyers of Florida at The Segal Law firm that understands the legalities of the whole case. Although this sounds pretty straightforward, numerous factors can make recovering difficult for the accident victim.

If you have a personal injury question, call now at 954.920.9910

and get immediate free consultation.

What Is A Personal Injury Claim?

To put it simply, a personal injury claim is a legal case where another party is presented as responsible for damages you’ve suffered, and it’s a claim that seeks financial compensation from them or their insurance companies.

Personal injury claims are one of the most common types of claims that compensation lawyers encounter. A personal injury claim is intended to financially compensate a person who has suffered injury or harm due to the negligent or wrongful actions of another individual.

Some common types of personal injury claims are following:

  • Medical Malpractice
  • Auto Accidents
  • Wrongful Death
  • Workplace Accident
  • Slip and Fall Injury
  • Products Liability
  • Dog bites claims
  • Burn injury claims
  • Product liability injury claims
  • Premises Liability

Personal injury law covers a wide range of situations that may require compensation, so it is vital to consult with a personal injury lawyer about how best to approach your particular case. If you believe that you have been involved in an incident that would be eligible for personal injury compensation, start taking legal action promptly.

Calculation of the Damages

Calculating how much a personal injury claim is worth can be challenging. There is not a standard formula for calculating damages. All economic and no-economic damages must be carefully documented. When you complete medical treatment and the extent of your injuries and damages are known, your attorney calculates the maximum value for all your damages. The goal is to recover full compensation for each category of damage.

The types of damages in personal injury claims include, but might not be limited to:

  • Economic damages, including medical expenses, loss of income, decreases in future earning capacity, personal care expenses, travel to medical appointments, medical equipment, etc.
  • Pain and suffering damages, including physical, emotional, and mental trauma and distress
  • Wrongful death benefits 
  • Loss of quality of life or enjoyment of life
  • Permanent impairments, including scaring, disabilities, and disfigurement

Our experienced personal injury attorneys at The Segal Law firm understand how to use the facts of the case to raise the value of the claim. We also understand what evidence and documentation are needed for each type of settlement.

Personal Injury Claims

Elements Required for Personal Injury Claims

When a person is injured because of someone else’s negligent conduct, any personal injury claim must be able to prove the following elements in order to succeed:

1. Duty to Exercise Reasonable Care.

The existence of someone’s legal duty to perform reasonable care is the first element your claim must satisfy. What constitutes reasonable care may depend on the situation. For instance, in the case of a car accident, this duty can be as simple as driving safely. A driver has a duty to lawfully stop at a stop sign. In more challenging situations, a company or person may have the duty to prevent injuries with their product or on their property.

2. Failure to Exercise Reasonable Duty.

In order to successfully prosecute a personal injury claim, not only must a duty exist, but also the duty related to the incident must have been breached, creating the potential for blame to be placed upon the defendant. For example, if a defendant driver has a “duty” to stop at a stop sign and if that driver fails to stop at that stop sign, he or she breaches his or her duty.

3. Suffered Actual Damages

A victim needs to sustain a physical, financial, or emotional injury for a claim to be filed. To recover damages, there must be actual damages suffered as a result of another’s negligence. The purpose of such claims is to compensate the injured, this can be an injury to self or property, but there is nothing to compensate if no injury exists. Without evidence of this injury, a lawsuit may not go forward.

4. Causation in Personal Injury Claims

One of the most important parts of an injury claim is needed to bring together the other elements. A claimant needs to prove that the defendant’s actions were responsible for their injuries. For instance, if a defendant driver fails to stop at a stop sign and strikes another driver that had the legal right of way and that driver sustains injuries, then the defendant’s negligence caused the other driver’s injuries.

Hiring a Personal Injury Lawyer

The majority of personal injury claims involve negligence or recklessness. Fortunately, you may have the right to seek compensation for your injuries and suffering. If you do, you need an established, well-respected personal injury law firm behind you. Be sure you take the time to do your research and speak with a number of lawyers before you make your decision.

Call now at 954.920.9910  to arrange a free consultation.

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