If you get injured because of someone else’s actions, the following elements must be present:
Duty of Care
If you experienced medical malpractice, then the doctor owed you a duty of care as a professional healthcare practitioner. That would be the same for a manufacturer of products who must provide quality goods or a premises owner who should maintain their property for visitors’ safety.
Breach of Duty
When the other party breaches their duty of care, this means that they have been negligent in some way. For example, when a business owner doesn’t maintain their property and this leads to injuries to their customers.
Cause
The actions of the other party have to be directly linked to your personal injury. Your personal injury attorney can help prove that the cause of your personal injury was due to the neglectful actions of the other party.
Harm
The negligence of the other party must have caused you harm. You can’t file a personal injury claim unless there was harm done to you that resulted in damages. Personal injury cases can’t receive compensation unless you have damages and proof they are caused by another’s negligence.