Many people understand that getting the money you deserve for a personal injury caused by the recklessness or negligence of another party can be difficult. Insurance companies will do everything possible to pay you as little as possible for your completely legitimate claim. However, most of the difficulty comes from the people and companies involved in an injury dispute. The claim itself is relatively straightforward. To help you understand what goes into an accident dispute, ER Injury Attorneys explains the four elements of a personal injury claim.
What Are the Elements of a Personal Injury Claim?
If you’ve suffered harm in an accident, your Las Vegas injury attorney will need to prove four things in a successful claim. There are:
#1: Duty of Care
In an injury claim, the person, people, or entities that caused your injuries must have a duty of care. For example, other drivers have a responsibility to obey traffic laws. Businesses such as restaurants and shopping malls have a duty to provide a safe environment for their customers and employees. Once duty of care is established, your Las Vegas injury attorney can move onto the next step.
#2: Breach of Duty
A breach of duty refers to the actions or inactions that lead to a failure of the duty to care. Sticking with the two examples above, in the case of a Las Vegas car crash, other drivers have a responsibility to obey all traffic laws; failure to obey traffic laws is a breach of duty.
Similarly, in a Las Vegas slip and fall claim, a business owner must provide a safe environment for patrons; say liquid is spilled on the floor and the owner or manager fails to clean it up in a timely manner–the failure to clean would be considered a breach of duty.
#3: Causation
The third element of a personal injury claim can be the most difficult to prove and one that insurance companies typically fight back against. Your Nevada injury attorney needs to establish a link between the at-fault party’s negligence or recklessness and your injuries.
Continuing with our two examples, your lawyer must illustrate how another driver’s speeding led to your broken arm or a business owner’s failure to mop up liquids led to your torn anterior cruciate ligament. While this can be the most difficult and contentious facet of an injury claim, the experienced and knowledgeable team at ER Injury Attorneys has an established track record of providing causation on behalf of our clients.
#4: Harm
Generally speaking in personal injury cases, harm must stem from physical injuries or property damage. That being said, you may also recover compensation for damages such as pain and suffering (physical, emotional, or both) and associated economic losses, such as lost wages or medical bills.
Harm can also extend to the loss of a loved one. If you lost a family member due to negligence or recklessness then our Las Vegas wrongful death lawyers can file a claim on your behalf. In wrongful death cases, you may be able to receive compensation for funeral expenses, loss of earnings and potential income, and loss of society, companionship, and guidance.
Contact a Las Vegas Injury Lawyer
The team at ER Injury Attorneys hopes that this blog has given you a better understanding of the four basic elements of a personal injury claim. As mentioned in the intro, the components of an injury case are relatively straightforward. However, getting the compensation that you deserve can be a long and complicated process. That’s where our seasoned team of Nevada personal injury attorneys comes in. Our lawyers can get you the results you want in the shortest amount of time possible, while giving you the respectful treatment that you deserve.
Have questions about your personal injury claim? Reach out to ER Injury Attorneys today. You can reach us 24 hours a day, 7 days a week for a free consultation. Our team is available by phone at 702-878-7878 and online through LiveChat or encrypted contact form. Our firm represents accident victims throughout Nevada, including Las Vegas, Henderson, Summerlin, Pahrump, Boulder City, Laughlin, and beyond. Don’t let the insurance company deny you money that’s rightfully yours, give us a call today.