Filing a personal injury lawsuit requires evidence and the proving of four essential elements. Only then can victims claim the compensation they deserve for the damages they have incurred in Levittown.
A victim of another’s negligence must prove duty, breach, causation, and damages to recover compensation in a personal injury claim in Levittown. This is done using evidence, such as medical records, witness testimony, surveillance camera footage, and photographs. If all four essential elements are not proven, no case for injury can succeed. Not all injury cases are cut and dry, and another party’s involvement might be unclear to victims. Typically, if someone hurt you because they acted negligently or intentionally, you can sue for injury in Levittown.
To have our Levittown, PA personal injury lawyers review your case for free, call The Reiff Law Firm now at (215) 709-6940.
Elements Necessary to Prove Fault in a Levittown, PA Personal Injury Case
In any personal injury case, whether it is for a car accident or a defective product accident, four elements must be proven in order to establish a defendant’s fault and liability for compensating a victim. These elements are duty of care, breach in duty of care, causation, and damages.
Duty of Care
A duty of care is one’s a responsibility to another person to act in accordance with whatever relationship they have with one another. For example, a doctor has a duty to their patient to provide proper treatment. A driver has a duty to others on the road to uphold traffic laws. Homeowners have a responsibility to their guests to ensure their property does not pose a danger. Product manufacturers have a duty to their customers not to produce and distribute defective products. Our personal injury lawyers can establish a duty of care based on the relationship between you and the person that caused your injuries. This is typically done based on each individual situation. For example, a leasing agreement between a tenant and a landlord can establish the duty of care owed to the tenant by the landlord to keep common areas safe and free from hazards.
Breach in Duty of Care
The second element that must be established for a victim to recover compensation is in regard to a breach. A defendant must have breached the duty of care they owed a victim. Instances of breaches can vary, depending on each case. For example, suppose a driver was intoxicated at the time they struck a victim. In that case, the driver would be in breach of their duty of care as it is against traffic laws to drive drunk in Levittown. Or, if a retail shop failed to place proper signage near a spill or wet floor and a shopper slipped and fell, that failure on behalf of the store would be a breach of its duty of care to its customers. This proving this element allows victims to show exactly how a defendant acted negligently.
Causation
A crucial aspect of any personal injury claim is proving causation. It is not enough to say that a defendant acted negligently or in breach of their duty of care. You must prove that the defendant’s breach caused your injuries. Typical evidence used to prove causation includes eyewitness statements, expert statements, surveillance footage, and photographs. A victim’s medical records can also provide insight into the cause of their injuries. The link between a defendant’s negligence and a plaintiff’s injuries is typically the most challenging thing to prove.
Damages
Finally, you must show that you incurred real damages as a result of another party’s negligence. This is done by providing proof of damages, such as records of lost wages and medical bills. Other out-of-pocket expenses, such as child care or travel costs, can also be due to injuries sustained in an accident caused by a negligent party. Financial losses are not the only damages victims can incur, as pain and suffering are very real experiences for victims. Testimony from friends, therapists, and victims can act as proof of emotional damages. Your damages are what are compensable in a lawsuit for personal injury, and without proof of them, you will be unable to recover compensation of any kind in Levittown.
Knowing When to Sue for Personal Injury in Levittown, PA
Because the subject of personal injury is so broad and because it is not always clear whether or not another person’s negligence caused a victim’s injuries, victims in Levittown may be unsure if filing a personal injury lawsuit is the right course of action.
In most cases, a person can sue for personal injury if they incurred real damages as a result of injuries caused by another person. Sometimes, accidents happen, and another party is not liable for the injuries a victim sustains. For example, if there is a leak in your apartment and you slip and hurt yourself, your landlord might not be at fault. Conversely, if there is ice on your apartment steps and you slip and get injured, your landlord may be at fault. That is because landlords and typically responsible for maintaining common areas, not individual units. Similarly, fault in work injury cases is often difficult to determine.
If you are unsure whether or not someone else is to blame for your damages, ask our attorneys. Sometimes, like in auto accident claims, it is easier to determine if someone else is at fault for your injuries.
Once you have established that suing is an option for you, it is best to act quickly. In Levittown, injury victims have just two years to file a claim. Included in that timeframe is the process of preparing a claim and gathering evidence against a negligent party.
Get Compensation for Your Injuries in Levittown, PA
Call The Reiff Law Firm at (215) 709-6940 to speak with our personal injury lawyers about your case today.
