Although some personal injury claims are founded on strict liability, most arise out of negligence. Whether you were hurt in a motor vehicle collision or slipped and fell at the grocery store, you’ll have to prove the following elements to build a strong case on the grounds of negligence. 

The 4 Elements of a Typical Personal Injury Claim 

1. Duty of Care

Whenever you get behind the wheel, you assume a duty of care to the other motorists, passengers, and pedestrians in traffic around you. Such an obligation, whether assumed or established, is the basis of every successful personal injury claim. If the opposing party didn’t owe you a duty of care, your case wouldn’t proceed. 

2. Breach of Duty 

After proving that the defendant owed you a duty of care, you must demonstrate how they breached it. How did they deviate from the most widely accepted standard of care? In other words, how would any reasonable person have acted under the same circumstances, and how does that differ from what the opposing party did?

3. Causation 

The defendant’s negligence must have been directly responsible for the injuries you sustained. A mere breach of duty isn’t enough to constitute legal action. As such, you’ll have to prove how you wouldn’t have gotten hurt but for the opposing party’s conduct. 

4. Damages

You must demonstrate actual damages to win your claim. In California, personal injury claimants can seek funds for all kinds of damages, including medical bills, lost income, pain and suffering, and mental anguish. You can use invoices, records, receipts, photographs, and journal entries to prove these and other losses. 

For help building your personal injury claim, turn to the Law Offices of Alan M. Laskin. At their offices in Sacramento and Elk Grove, CA, they counsel clients in personal injury law and insurance bad faith. Since 1990, they’ve been helping injured parties recover the compensation needed to regain their financial security. To request a complimentary case evaluation with a member of their team, reach out online or call (916) 689-0700.