The bulk of civil litigation and negligence proceedings involve personal injury claims. The ability to sue for personal injury is determined by state legislation based on the kind of accident, location, and other variables.
However, before you file suit, you must ensure that you have the following two basic grounds for a personal injury lawsuit:
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1. Well-Defined Harm
When it comes to a personal injury claim, the first thing to consider is whether or not a clearly defined damage happened. Personal injury cases, with a few rare exceptions, need the damage element. Most of the time, the injury must be demonstrable. Emotional discomfort is one of the most difficult types of injury to show. Remember that the more clearly you can demonstrate the injury, the more likely it is that you will be able to establish your claim.
2. A Specific Duty
No matter how you were damaged in your personal injury claim, the person you are suing must have owed you a duty. The phrase “duty to you” implies that that individual should have done or avoided doing something due of your connection. This does not necessarily have to be a mutually agreed-upon obligation. All drivers, for example, owe a responsibility of reasonable care when driving to other drivers and pedestrians. A careless motorist is accountable to everyone he strikes, even if he has never met that person. However, in addition to that definable duty, the person you are suing must have breached it in some way. To return to the driver’s example, a motorist who is careful on the road but crashes due to a storm and through no fault of his own will normally not be held accountable. He had a responsibility, and he harmed the other person, but he did not violate it.
