What Makes A Strong Personal Injury Case?
A personal injury case is a case of negligence that causes personal injury or property damage. In order for a personal injury claim to be strong, it must have four elements: duty of care, breach of duty, causation, and damages. You must prove that the defendant had a duty of care, breached it, the breach caused your injuries, and you were damaged. If you are stuck dealing with a personal injury case of your own, you should get help from a personal injury lawyer Suffolk County; at Tannenbaum, Bellantone, & Silver, P.C.
One of the most important elements of a personal injury case is the severity of your injuries. Personal injury cases are not filed for pain and suffering but rather to recover damages for medical bills, lost wages, future medical expenses, permanent disabilities or disfigurement, loss of enjoyment in life activities, and mental distress.
Proving A Personal Injury Case
Personal injury cases are common in our society due to the many types of accidents which can occur. Even if your claim meets all these criteria, it may still be weak if not enough evidence is provided to support what happened in the case. As stated above, to make a solid personal injury case, one must prove a few things.
Duty of Care
First, you must be able to show that the defendant had a duty of care toward you. If it is not clear, the court may rule in favor of the defendant. For example, a homeowner has a duty of care to treat all guests on his property with reasonable care, but if a guest behaves in a way that causes his own injuries, the homeowner may not be negligent.
Breach of Care
Second, you must prove that the defendant breached this duty of care. This is where your evidence comes into play; if there is no way to show how the defendant did not meet their duty of care toward you, it can hurt your case. If there was an opportunity for the defendant to behave reasonably and not take it, this is a breach of duty.
Proving Negligence
Third, you must prove that your injuries were caused by the defendant breaching their duty of care. For instance, construction companies have to follow specific laws for job site safety that are enforced by OSHA. If a worker or patron nearby the worksite is injured because the construction site was not adhering to OSHA code, the injured person could take a personal injury case against the construction company.
Proving Damages
Finally, you must prove that you have suffered damages because of this breach of duty. You must also be able to show that your injuries were real and caused by the defendant’s actions or lack thereof.
What Makes A Legal Case Strong?
There are three main aspects to a strong legal case for a personal injury lawyer Suffolk County. These aspects can describe many situations, such as personal injury cases, contract law situations, and family law cases. The three components of a strong personal injury case depend on what type of claim you make; therefore, some may not apply to your situation.
1) Punitive damages– These are made when someone intentionally does something wrong. They are in place to punish the offender and show that what they did was unacceptable in society.
2) Laches– This deals with unreasonable delay in bringing a claim, resulting in its dismissal. For example, if you were injured five years ago but just now decided to bring a personal injury case, the court may dismiss it as you waited too long to file.
3) Estoppel– This principle works like Laches; however, it has more to do with misrepresentation than unreasonable delay. For example, if you are injured by someone else but tell them that you are fine only to worsen your injuries later, you may have an estoppel argument.
Contact Our Personal injury lawyer Suffolk County
If you or a family member are suffering from a personal injury, you should consult with a personal injury lawyer Suffolk County. A personal injury case is filed in civil court when one person participates in an activity that causes harm to another person. Personal injuries are always because of the reckless or careless behavior of another party. There are many types of personal injury cases.
Depending on whether you have been injured due to medical malpractice, negligence at work, car accidents, defective products, assault and battery, dog bites, or any other type of personal injury case. You are entitled to recover damages when you have been injured in a way considered the fault of another party. A skilled personal injury lawyer will gather evidence and build a strong case on your behalf.
Personal Injury Lawyer Suffolk County
If you are interested in learning more about your rights after an accident, contact a Personal injury lawyer Suffolk County at Tannenbaum, Bellantone, & Silver, P.C. today! We will help you pursue your claim and fight for compensation.