Once you contact our law firm and begin working with one of our attorneys, you begin the process of building your personal injury lawsuit.
Personal injury lawsuits are built upon four essential questions. Your personal injury attorney will work with you to answer them and gather evidence to support your answers.
- Was there “duty of care” between the victim and the defendant(s)?
“Duty of care” refers to the legal responsibility someone has to another’s safety and well-being. We all have a responsibility to one another to avoid car accidents and other incidents that could harm someone else. Some relationships have a higher degree of duty of care, like a doctor-patient relationship. Importantly, companies have a far higher degree of duty of care than average people.
- Was there a breach in “duty of care?”
Once a lawyer has shown that duty of care existed between a victim and defendant, he or she must then prove that the care was breached. The breach is the reckless, negligent, or wanton behavior that resulted in the victim’s injuries.
For example, if you were to slip and fall in a neighbor’s kitchen because of a small puddle, you would most likely not have a case. This would probably just be a simple accident, as we all sometimes have puddles in our kitchens.
However, if you were to slip and fall in a grocery store aisle because of an unmarked puddle, the grocery store would be breaching its duty of care. That is because as a company, the grocery store has a far higher degree of duty of care toward you than another person would.
- What are the damages?
Damages refer to a victim’s injuries. A lawyer must prove that his or her client was injured or harmed.
- Did the breach in duty of care cause these damages?
Your lawyer must prove that your damages were directly caused by the negligence of the defendant. If after falling in the supermarket you were diagnosed with a traumatic brain injury, your lawyer must illustrate that your injury wouldn’t have occurred had the supermarket posted a wet floor sign.
These four questions are essential to any personal injury case. They essentially boil down to proving negligence caused an injury. Keeping records and evidence of your accident and subsequent injuries will help your lawyer build a strong case.