Personal Injury - Proving Your Case

Personal injuries happen in a variety of situations. But, most cases share common elements. In order to succeed against a defendant in a personal injury case, you have to provide proof that certain elements exist. If you do not, your case can be dismissed before it goes to trial. Here are the four basic elements that are part of most personal injury cases.

1. Prove that the person was careless or negligent - first, you must prove that the person or company you are suing was either careless or negligent. There are some torts that can require intentional acts - like assault and battery, but for personal injury cases, careless or negligence is required. There is also a thing called a duty that is a part of this equation. The defendant must have owed you a duty of care - in other words, it should be foreseeable that if he was negligent, your injury was a likely consequence and the law will hold him responsible for his acts toward you.
2. The negligence caused the accident - next, you have to prove that the act of the defendant caused or led to the accident that injured you. If there is no legal connection, and no logical connection, there is no case.
3. The accident caused the injuries - there must be injuries. They must be the result of the defendant's negligent act. And, those injuries, sometimes referred to as damages, must be something the court can compensate you for. In a sense, you must show a loss. In most cases, the court can only compensate you with money, so the damages must be quantifiable some how.
4. Statute of limitations - the time limit when you must bring a claim - finally, if you wait too long, you lose your right to bring a claim. Statutes of limitations start at 1 year and range from there. So, time is always important. You don't want to lose your rights by waiting too long. However, there are some arguments that will extend the limitation for certain circumstances.

Always check with a lawyer about these elements. What the general public sees as satisfying these points may not be sufficient legally. On the other side of the coin, many times people don't think they have a case when they do. You should always check.

If you, or anyone you know, has been injured, call Bob Vogel at The Vogel Law Firm at 865-357-1949 or email rlvogel@robertvogellaw.com

We offer no obligation consultations.