Proving A Personal Injury Case: Understanding the Key Elements

After being injured in an accident, you may be considering filing a personal injury lawsuit against the at-fault party. You’re seeking compensation for your damages but there’s more to the process than claiming someone’s negligence is responsible for your injuries. 

Even though every injury case is different, one aspect remains the same. You must prove a few key elements. So, what are the key elements of personal injury cases? We’ll take a look at these elements and how they can affect a personal injury case.

What Are The Key Elements of an Injury Case?

When negotiations fall through with the insurance company, the next step is usually filing a lawsuit in civil court. However, before your case can move forward, you must be able to prove the four elements of negligence.

Duty of Care
You must prove the defendant, the individual responsible for your accident owes you a duty of care. This is their legal responsibility to ensure their behavior is reasonable and doesn’t cause harm to others. 

When it comes to defining reasonable behavior, the definition can be a little broad. In simple terms, the defendant’s actions aren’t those you expect from reasonable individuals. Sometimes, examples help clarify this element of negligence.

All drivers have a duty to follow all traffic laws, which is probably something you expect from a reasonable individual. Business owners have a duty to their visitors to ensure their property is safe and free from potential hazards.

Breach of Duty
After showing the defendant owes you a duty of care, the next step is proving they ignored their responsibility to act reasonably. This element of negligence is known as a breach of duty. You must show their actions didn’t meet the expected standards.

Staying with the above examples:

• If a driver decides to ignore traffic laws like speed limits and stop signs, this can be a breach of duty of care. 
• When a business owner ignores a potential hazard like a wet floor, they’re not displaying reasonable actions. In other words, a reasonable driver will follow all traffic laws like staying at or below the speed limit. Store owners will clean up any spills and place caution signs warning visitors of the potential hazard.

Causation
This element is a key part of any personal injury case. If you can’t prove causation, you should probably expect to have your injury case dismissed by the court. 

Proving causation means showing there is a direct link between the defendant’s actions and your damages. This means your injuries and other damages can only be caused by the defendant's negligent actions.

Depending on the events leading to the accident, you may need to show either actual or proximate causation. Actual causation is when the defendant’s behavior is the direct cause of your damages. 

An example is if a driver had not run the stop sign, your accident and resulting damages wouldn’t have occurred.

Proximate causation comes into play when your damages are foreseeable. If a store owner notices a spill on the floor, it’s foreseeable that a customer can slip and fall if the mess isn’t cleaned up.

Damages
The fourth element of negligence is usually the easiest to prove. You must show the defendant’s actions (breach of duty) are directly responsible for your damages. How you prove this element typically depends on the damages listed in your case.

Your medical records show proof of injuries and repair estimates show property damage. These are only examples of damages commonly included in personal injury cases. Along with economic damages, your case may also include non-economic damages.

Non-economic damages are a little more difficult to prove since they don’t have an intrinsic value. Pain, suffering, and mental anguish are a few examples of non-economic damages. Bringing in expert testimony can help prove your non-economic damages. 

To learn more about these and other damages, it’s best to discuss your case with an experienced personal injury attorney.

​Understanding Comparative Negligence

Some states, like Texas, follow comparative negligence rules, and this can affect the value of a personal injury case. Comparative negligence simply means more than one individual can be responsible for the accident and resulting damages.

Using a motor vehicle accident as an example. If one driver runs a red light but the other is speeding, both individuals may be partially responsible for causing the accident. The involved drivers each have a duty of care. By failing to follow traffic laws, both drivers also neglected their duty of care. Their actions caused the accident and resulting damages.

So, what does this mean for your injury case? The law still allows you to file a claim for damages. You can also bring a lawsuit against the other driver. However, your compensation amount will be reduced by your percentage of blame. 

How much blame can you be assigned and still be able to file a claim? The law varies by state but in Texas, as long as your percentage of the blame isn’t over 50%, you can still file a claim with the other driver’s insurance company.

Pay Attention to the Statute of Limitations

While you’re working to prove negligence, you want to pay attention to the statute of limitations. This is the time you have to file a claim against the individual responsible for your damages. 

If you miss the statute of limitations, there’s a good chance you’re not going to be able to recover compensation for your damages. The statute is in place to help prevent court backlogs and to ensure everyone’s rights are protected.

In Texas, the statute of limitations for personal injury cases is two years—there are a few exceptions, but it’s usually best to get started on your case as soon as possible. The last thing you want is to miss a filing deadline and find out you can’t receive compensation for your damages.

Talk to a Personal Injury Attorney About Your Case

​Don’t wait to start working on your personal injury claim, as the statute of limitations begins on the date of the accident. An accident attorney can assist you every step of the way, from helping you understand and prove the key elements of negligence to ensuring you receive fair compensation. 

Acting promptly and consulting with an attorney can significantly impact the success of your claim and help secure the justice you deserve.