Personal injury law can be somewhat difficult to understand. If you have been injured due to the negligence of another party, you may be entitled to damages. This article will discuss the four components that determine whether or not you have a valid claim.
Did The Other Party Have Reasonable Duty Of Care?
Duty of care refers to any obligation the other party has to make sure that you are being kept safe. You will need to establish the fact that the other party had a duty to make sure that you were not put into a dangerous situation.
For example, a restaurant is obligated to take reasonable steps to ensure the safety of their customers. If they fail to maintain a safe environment on their premises, and a customer is injured as a result, they may be held liable for the injury.
Did They Breach Their Duty Of Care?
Next, you have to show that the other party did not live up to their duty of care. If your injury was the result of their failure to take appropriate measures to ensure your safety, they could be held liable.
Did The Breach Cause The Accident?
If the other party breached their duty of care, you will need to show that this breach caused the incident you were involved in. If the other party breached their duty of care, but the incident was caused by something unrelated, it’s less likely that you will be able to recover damages.
Did The Incident Cause Injuries?
Finally, you have to prove that the incident actually caused your injuries. If the other party’s breach of their duty of care caused the incident, but there were no injuries sustained, you will not have a claim to damages.