If not for personal injury law, many accident victims would be struggling to get their lives back on track. Personal injury law significantly helps victims on their road to recovery.
Personal injury attorneys assist victims in claiming compensation, as insurance companies will try to lowball them. These lawyers can protect victims from greedy insurance companies.
Insurance companies claim that they help people when they are in a tough situation, but they will do the exact opposite of that.
Why?
Well, that’s how they make money.
It is difficult to overcome their strategies and obtain fair compensation, but it is not impossible.
Burden of Proof and Elements of Personal Injury Law
In personal injury cases, victims bear the burden of proof. The victim must prove that the defendant acted negligently and that their negligence caused the accident.
Victims must prove the four elements of personal injury law, which are:
- Existence of duty of care: Duty of care is a legal responsibility that requires a person to act in a certain way. The at-fault party must have owed a duty of care to the victim.
- Breach of duty of care: The at-fault party must have breached the duty of care.
- Causation: The victim must prove that the accident is the direct result of the breach of duty of care.
- Damages: The victim must show that they have sustained losses as a result of the accident.
Let’s discuss causation in detail.
Causation is a crucial element of personal injury law, which requires the plaintiff to prove that the at-fault party’s breach of duty is the reason for the accident.
Without proving the direct link between the breach of duty and the accident, one cannot claim compensation.
Actual Cause (Cause in fact): The actual cause is pretty straightforward. All the victim has to do is prove that the accident wouldn’t have happened if not for the defendant’s actions.
Proximate Cause (Legal Cause): The accident must be a reasonably foreseeable result of the defendant’s action.
There are two methods to prove causation. Let’s discuss them with an example.
Scenario: Rowan is waiting at an intersection. As the light turns green, he crosses the road. Now, Alice runs a red light and T-bones Rowan.
“But For” Test: The but for test is a simple one that asks a question to prove causation. In this example, the but-for test would ask: Would the accident have happened but for Alice’s failure to stop at the red light? The answer is that the accident would not have happened if Alice had stopped at the red light. So through this test, we can understand that Alice’s actions caused the accident.
Substantial Factor Test: Now, new information comes into play. Rowan was using his phone when crossing the intersection. Now, we need to consider Rowan’s actions too. Is Alice’s failure to stop the red light a substantial factor in causing the accident, considering Rowan was distracted? It is highly likely that Rowan would have been just fine if Alice hadn’t run the red light. So yes, Alice’s action was a substantial factor in causing the accident.
Get a Lawyer’s Help
A lawyer plays a crucial role in proving not just causation but all four elements of personal injury law. They can collect and present important evidence that can prove the elements of personal injury law.
They will also bring in expert witnesses who can provide valuable insights into the case.
Lawyers will also help calculate losses and negotiate with the insurance company. They can get you the deserved compensation.
Final Thoughts
As mentioned, victims bear the burden of proof in personal injury cases. So, if you have been hurt by someone else, it is on you to prove your case. This is why it is important to get a lawyer’s help. They are experienced in helping clients prove the elements of personal injury law and secure fair compensation.
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