Schehr Law — Injury Lawyers Schehr Law — Injury Lawyers
• Personal Injury

Understanding the Elements of Your Personal Injury Claim

August 15, 2022 · 3 min read

AI Insights Key Takeaways

  • A personal injury claim rests on four elements: a duty of care, a breach of that duty, injuries/damages, and proof those injuries resulted from the breach.
  • Without solid evidence tying each element to the next, a claim is unlikely to be strong enough to move forward.
  • Consider calling an attorney when an insurer sends a settlement offer, denies your claim, you have significant injuries or lost wages, or more than one party is liable.
  • Many personal injury attorneys offer free consultations and work on a contingency fee - no payment unless they win your case.

General information, not legal advice. Every case is different — talk to an attorney about yours.

When a person experiences an accident resulting from negligence, they may pursue a legal claim with help from an experienced personal injury attorney. To take legal action (and reach a successful outcome), victims must tie the evidence to each of the elements associated with a personal injury case. Personal injury cases can range in severity. While some cases may result in impactful injuries, some victims may be left with catastrophic, life-changing damages. It may be challenging to know when seeking legal guidance from an experienced legal team is in your best interest. Despite this, some instances will make it evident that a legal consultation is in your best interest. Legal consultations are relatively accessible because many attorneys offer them complimentary. Additionally, it’s important to note that many attorneys offer their services on a contingency fee basis, meaning they don’t receive payment unless they reach a favorable outcome for their clients. Hiring an attorney can make a significant difference because they can help achieve the most favorable outcome possible, making them imperative for many victims seeking compensation, justice, and closure.

Key Elements Explained

Several factors are involved when pursuing legal action after an accident that has resulted in damages. As a personal injury attorney people turn to for guidance will share that elements of a personal injury case must not only be present but also will require solid evidence proving each and tying each aspect to the next. Identifying these elements can be challenging for someone who does not practice personal injury law, which is why victims will require an attorney. The following are four key elements that must be present in your case to move forward:

  1. Duty of Care
  2. Breach of Duty of Care
  3. Injuries/Damages Resulted
  4. Injuries Sustained Were Due To The Breach

Without these elements, the victim’s claim will likely not be strong enough to take legal action against the responsible party. When working with an attorney, they can assist by reviewing the case and gathering the necessary evidence to move forward.

When To Call An Attorney

After an accident, amidst physical injuries, it can be challenging for victims to decide whether they should pursue their case on their own or with help from an attorney. Taking legal action with a legal professional comes at a cost to victims, which is why it’s crucial to determine whether the claim’s value warrants legal help. Cases with more minor damages may not require assistance from a professional, but if any of the following are present, it’s imperative to consider help from an attorney:

  • You have been contacted by the insurance adjuster or the defendant’s attorney with an initial settlement offer
  • The insurance company denied your claim
  • You suffered injuries that resulted in medical expenses, lost wages, and more
  • There is more than one liable party involved
  • You want to put your recovery first

Seeking compensation after an accident is a complicated and time-consuming process. Recovering from the accident will consume victims with debilitating injuries, and the process of holding the liable party accountable can be an especially trying time. Let our personal injury attorney take the lead so they can build a strong case, gather evidence, and negotiate with the opposing side- so you don’t have to. Learn more about the services an experienced personal injury firm offers by contacting them today.

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