Upon suffering an accident in California, such as an auto accident, slip, and fall, or workplace accident, you may immediately want to sue the negligent party. The involvement of an Injury Lawyer is not necessary in every case, however. Additionally, Personal Injury lawyers may refuse to accept a case if it is not worthy of their time and expertise. Depending on the following elements, your personal injury lawyer may accept or refuse to take your case.
Basic Elements of a Personal Injury Case
Personal injury claims must be supported by four basic elements:
- To the victim, the defendant owed a responsibility;
- This duty was breached by the defendant;
- The injury was caused by the breach of duty in a proximate and legal manner
- A physical and emotional injury was inflicted on the victim.
It is considered unfair to compensate an accident victim if one of the elements is missing, even if three of the four elements are very strong. A preponderance of the evidence is generally required to prove each element. We will discuss each element in more detail below.
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Responsibility
Responsibility may arise in a number of different situations. Teachers may be required by law to supervise children in their care. Employers may be required to provide a safe working environment. Business owners may have a responsibility to inspect their premises for hidden hazards. A victim can only recover damages if they can demonstrate that the defendant had an obligation to them. In the absence of a duty, the case cannot be pursued.
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Breach of the Duty
Accidents do not necessarily mean that someone was negligent. Despite taking all precautions to prevent customers from falling, a customer may have fallen anyway. If recovery is to occur, some breach of duty must have been committed by the defendant.
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Causation Leading to an Injury
There must have been a breach by the defendant to cause the victim’s injury; something else cannot have been the primary cause. It is possible in some cases that the breach was too far removed from the timing and circumstances of the victim’s injury for the defendant to be considered responsible.
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Physical and Emotional Damages
Some harm must have been done to the defendant. A physical injury may have occurred and medical expenses may have been incurred. Property damage may have occurred. A victim might have been affected emotionally by the accident, requiring treatment.
Establishing Liability in a Personal Injury Case
Liability is evident in some situations. It is easily proven that the defendant did not ensure the victim’s safety and acted in an unsafe manner.
Some situations, however, may not clearly define liability. Victims may be held accountable for their actions that led to the accident. The accident may have been caused by a third party. A lawyer must establish the defendant’s liability before accepting the case.
The intensity of the Damage
An attorney might hesitate to take on a case if there are not sufficient damages, even if there is a clear-cut liability. In determining whether to take on a case, an attorney who is conscientious will conduct a cost-benefit analysis. Moreover, if an attorney is preparing your case, he or she may be unavailable to work on a case that may be more lucrative.
Amount of Evidence Related to a Personal Injury Case
The evidence that supports your version of events is another factor that an experienced personal injury lawyer will consider. Typically, this can be determined in the discovery process. In light of the limited information available at the beginning of your legal representation, an attorney might be able to speculate that certain evidence might be available.
A police report may also indicate that there are possible witnesses. When calculating damages, your medical records and bills may be used if you have suffered physical injuries.
Deldar Legal Injury Attorneys in California have a tremendous record of dealing with personal injury victims. Call Deldar Legal Injury Attorneys today, if you have a valid claim of personal injury.
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Posted in: Personal Injury