Do You Have An Injury Claim?
What You Need To Prove To Have A Successful Case Resolution
If you want to sue someone who caused your injuries and/or property damages, then the responsibility to prove their fault is on you. While in criminal court, a prosecutor must prove guilt beyond a reasonable doubt, in civil court, you only have to prove beyond a preponderance of evidence. This means that you have to prove that the negligent party more likely caused your injuries than not.
Elements You Need In A Personal Injury Case
There are four elements that every plaintiff (person bringing the lawsuit) needs in a personal injury case:
- The defendant (negligent party that you are bringing suit against) had a duty of care towards you. Every person has a duty to act reasonably safely toward other people and if they are not, then there are consequences for their negligence. Some common examples of relationships that have duties of care include: drivers & passengers or drivers & other drivers; store owners & customers or store owners & employees; doctors & patients; companies & customers.
- The defendant breached their duty of care towards you. If the defendant acted recklessly or negligently, then they failed in their responsibility of reasonable care.
- The breach of duty of care was directly involved in your injuries. In order to prove your personal injury case, you must show that the negligent actions of the defendant were directly involved in why you incurred the injuries.
- You must prove that you had actual monetary loss. If all the above are true, you must still show that the negligence of the other person caused injury that resulted in lost wages, medical bills, pain & suffering that can be monetized, or another type of financial loss. If you didn't actually sustain any monetary damages, then you are not eligible to bring suit.
Get In Touch With A Personal Injury Attorney In Philadelphia!
If you want to bring a lawsuit against a negligent party who caused your injuries and you think that you can prove all of these elements, then please call our Philadelphia personal injury firm today! We can help you gather evidence and provide the necessary documentation to make a successful claim.
Call us at (215) 987-3332 or fill out an online form to schedule your free case review!
Our team has 30+ years of experience and is top-rated for our representation. In addition, you don't have to pay us anything until we win your case.