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Know the elements of a successful personal injury claim

On Behalf of | Sep 20, 2019 | Car Accidents

Every legal claim is different, and readers of this Pennsylvania-based personal injury blog are reminded that when accidents happen in their lives, they should always seek independent legal advice from attorneys that they trust. They should not rely on how other cases resolved to guess what may happen when their matters go to trial, as legal judgments and outcomes are based on facts, persuasive arguments, and other elements that are independent to unique claims.

With that said, many car accident claims follow a similar path to trial in their preparation and pleading. When a victim is hurt in a car collision, they may work with their attorney to file a lawsuit in the relevant court system. That pleading will contain certain allegations that seek to meet certain legal elements. Such a claim is often based on negligence.

A person is negligent when they fail to meet the requisite duty of care that they should extend to others. Texting and driving is one form of negligence that is often seen in car accident cases. There, a reasonable driver would not engage in an activity that took their eyes off of the road, so a driver who is texting and driving at the time of a wreck will likely be found to have breached the applicable duty of care. The first element that many car accident victims plead is therefore duty and breach of duty in their pleading.

Victims must also show that the parties they have sued caused their losses, and therefore actual and proximate cause are also important elements in car accident and personal injury claims based on negligence. Finally, a victim must plead their damages to show that they have actually suffered losses. Putting a claim together after a car accident can be tricky and victims can seek support from attorneys who practice in their communities.


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