What Are the Elements of An Injury Claim?

In order to better understand what your CALIFORNIA INJURY LAWYER is doing for you, it is important to understand the elements of your INJURY CLAIM. Most injuries are based on a tort claim, such as negligence (such as: Car Accident, Motorcycle Accident, Slip and Fall, Pedestrian Accident, Boating Accident, Trucking Accident, etc.), product liability, professional malpractice (such as: Medical Malpractice, Nursing Home Abuse).

In order for a victim of a tort to be able to recover for his or her injuries, he or she needs to prove certain basic elements. These elements are as follows:

  1. Duty: A Plaintiff, has the burden to prove that the defendant (wrongdoer) owed a duty of care towards the Plaintiff. For example, we all owe a duty of reasonable care when we drive our vehicles to avoid causing injuries to other drivers, pedestrians and motorists.
  2. Breach: The Plaintiff also has to prove that the Defendant, in fact breached his or her duty. Once again, using the example of a car accident, Plaintiff needs to show that the Defendant, violated the rules of the road (A Section of The California Vehicle Code).
  3. Causation: Additionally Plaintiff needs to demonstrate that Defendant’s breach of his or her duty in fact caused the injuries. Many negligent acts take place, without causing any injuries to anyone. For example every time anyone makes an unsafe lane change or goes over the speed limit, they are breaching their duty of care to everyone on the road. However, unless those acts actually cause real injuries to anyone, there is no case.
  4. Injury or Damages: The last element or part of a tort claim is the element of injury or damages. A Plaintiff needs to be able to show with some level of certainty that he or she was injured. Injuries or damages can be to a person’s body (bodily injury) or to a person’s property (for example: damage to vehicle).

In every stage of a case, an injured party can benefit from consulting with and retaining an experienced and aggressive injury attorney. An attorney can outline a theory under which the Defendant owes a duty of care to the Plaintiff, which was in turn breached by the Defendant; that directly caused injuries to the Plaintiff.

At Law Offices of Jubin J. Sharifi, APLC, we handle tort cases on a CONTINGENCY FEE BASIS. This means that we don’t get paid, unless you get paid!

For a FREE CONSULTATION, please contact one of our offices and ask to speak to Jubin J. Sharifi, Esq.

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