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Prove Personal Injury

How to Win a Personal Injury Lawsuit

In order to win a personal injury case you must prove four things:

Did the person who caused the accident have a legal responsibility to not harm the injured person? In most cases there is a certain responsibility not to harm others. A common example is driving a car. The "duty of care" a person must take is outlined in the state vehicle code. If a driver fails to obey traffic laws he has breached his duty. In some cases there may be no duty of care owed. For example, a landowner in most states has no duty of care toward a trespasser.

Did the person who caused the accident fail to perform this legal responsibility? Sometimes it is easy to prove a person failed to act responsibly. A person who breaks a traffic law has clearly breached his duty. Other times it might not be so clear. A store owner must take reasonable steps to keep his customers safe. If an accident occurs it might be harder to determine what "reasonable care" might be.

The accident resulted from this failure or "breach of duty". In order to file a claim you must prove that another person's negligence lead to your injuries. This is not always all or nothing. Often you might have contributed to the accident. For example if you carelessly ran up stairs and tripped on a loose step the business owner may claim that you are partly responsible for your own accident.

Did injuries result from the accident? Injuries can be physical or emotional. They can also be lost property, lost income, lost opportunity, and disruption to life.

In order to win your case you must prove the defendant who caused your injuries is legally responsible for your injuries. This is the basic question for all personal injury cases. Next, determine if the damages you are trying to receive completely take into account the extent of your injuries and losses. Damages may be awarded for monetary losses such as medical bills, lost wages or medicine. They may also be awarded for other non-monetary losses. These losses may include pain and suffering that resulted from your injuries. In strict liability cases there may also be damages called punitive damages that may be awarded. These damages are meant to punish the party responsible for the defective product.