Those injured through negligence often feel that they have lost control over their lives. Even when the injury seemed to occur accidentally, many Pennsylvania residents continue to feel victimized while also dealing with the pain and physical harm they suffered. Few injuries occur without a cause, which means that if you look deep enough, it is possible to uncover the negligent party in injury cases.
Why is proving negligence so important? When injuries are severe enough to affect your ability to work and your physical well-being, you will need a way to make ends meet at the very least. Filing a personal injury claim is one method you can pursue to acquire compensation for your personal injury. However, you must prove several elements to succeed. These elements include the following.
Duty: The defendant had a legal duty to you. For example, the driver of a motor vehicle has a duty to drive with responsibility so as not to injure others.
Breach of duty: This means showing that the other party breached his or her duty. Using the same vehicle accident scenario, if the other driver was intoxicated or distracted, he or she breached the duty of care.
Causation: The causation element means showing that the other party's negligent actions resulted in your injury. In the accident scenario, this means that the other motorist's choice to drive irresponsibly led to your injuries.
Damages: This simply refers to the damages -- in this case a personal injury and financial hardships -- that you suffered because of the other party's negligence. You can prove you suffered damages by showing the court your accident-related medical bills along with proof that you lost income due to your injury.
Although it sounds very simple, you must remember that the allegedly negligent party involved in your case will be attempting to prove that he or she did not act negligently. As such, you might increase your odds of success by working with an attorney experienced in personal injury law.