A personal injury case is based on personal injury law, which is a legal framework that provides a means for injury victims to recover compensation for their injuries and seek justice. Also referred to as Tort Law, personal injury law covers cases involving accidents, intentional acts such as sexual assault, defective products and defamation. Every Los Angeles personal injury claim has two core issues – liability and damages. Was someone liable for the injury or damages and what were the nature of the damages? Accident cases involve the concept of negligence. Negligence is a failure to exercise the care that a reasonable person would do in the circumstances relating to the accident. In order to establish negligence, four elements must be shown:
1. DUTY
Duty is a legal obligation requiring that individuals or companies exercise a standard of reasonable care while performing actions that could harm others. This can encompass many things, such as a doctor providing care, or another motorist driving their car. The defendant does not have to know the plaintiff to owe them a duty.
2. BREACH
Breach is a violation of that duty. The defendant breached that duty by failing to act as a “reasonably prudent person” should. In other words, the defendant should have known that their actions would likely cause injury to others.
3. CAUSATION
Causation is the link between the breach of duty and the injury or harm suffered. For negligence to established, the injury must be a result of the breach.
4. DAMAGES
Damages refer to actual injuries caused by the breach of duty.
