Whenever you make an accusation that someone has hurt you, you are going to need to have proof that your personal injury claim is legit. If not, you won’t be able to receive any compensation for what you’re saying happened. Sometimes this is a simple process, while other times it can be a long, drawn out battle. To ensure that you win your case, it is important that your situation truly does qualify for a personal injury claim.
Defendant Fails to Uphold Duty
For starters, in order for a plaintiff to qualify for a personal injury claim, there has to be some type of duty that the other party failed to obey. For instance, if there was a car accident, the duty would be along the lines of driving safely. Then, if it was later found that the defendant ran a red light, this would mean the duty was breached, which would make for a successful personal injury claim.
Other Party Partakes in Negligent Behavior
Any time when an individual doesn’t uphold to their civic duty like they should, this allows the plaintiff to put the blame solely on the other party. There was some type of negligent behavior on the part of the defendant that caused the plaintiff to get hurt, which once again qualifies the plaintiff for a personal injury claim.
Plaintiff Sustains an Injury
If an individual gets hurt because another individual is being careless, that qualifies for a personal injury claim. According to Cantini Law Group Accident and Disability Lawyers, one of the most well-known personal injury law firms in Halifax, the plaintiff has to then prove that the physical or emotional injury sustained occurred thanks to that incident. It is not the responsibility of the defendant to provide this proof. However, unlike a criminal case where there has to be evidence beyond a reasonable doubt, here the plaintiff just needs to hand over some type of proof that shows that more than likely the individual being accused was behind the plaintiff’s injuries. This type of proof can be everything from eyewitness statements to photographs of the incident.
The Accused’s Negligence Caused the Injury
Lastly, to qualify for a personal injury claim, it must be apparent that the other party’s breach of duty is exactly what subsequently caused the injury to happen. In other words, the defendant’s direct actions were what resulted in the plaintiff’s injury. If that’s the case, the plaintiff definitely has a personal injury claim on their hands.
Even though personal injury claims sound simple enough, there is a lot that goes into winning one of these cases. The individual must find out exactly how to qualify for these situations before taking action, so that they can save themselves time and money in the long run.
This article is from Savannah Coulsen, a freelance writer. She lives in Long Beach. Savannah loves to read and write and she hopes to write a novel someday. Savannah also loves learning and is a self-proclaimed health guru.