Top Personal Injury Case Elements

Accidents can happen. They can lead to serious personal injuries. However, that doesn’t mean that your life is over. With the right personal injury lawyer, you can get the best compensation and still lead a normal life. However, before taking your case to court, it’s important to understand the basics. In particular, you should understand the key elements of a personal injury lawsuit. Here are the 4 elements of any personal injury lawsuit.

Duty of Care

Duty of care is one of the most important elements of a personal injury case. Here, all the parties have a moral and legal obligation as far as safety, as well as well-being, are concerned. It’s important to note that the level of duty of care is dependent on the parties in question. It also depends on the accident. For instance, any driver is obliged to care for all road users. In such cases, he/she should drive safely, reasonably, and responsibly. Doing so reduces the risks of accidents. On the other hand, if you are a property owner, you must maintain your property reasonably so that its hazard-free.

Breach of the Duty of Care

Also, you should prove a breach of duty of care before a court of law. As a plentiful, you must prove beyond doubt that the other party violated the duty of care. Things like texting while driving or drunk driving can help you nail the other party when it comes to providing a breach of duty of care. Also, speeding or driving recklessly constitutes to breach of care. On the other hand, if you are suing local authorities, you can base your augments on breach of care by showing that they failed to remove snow.


In a court of law, you must prove causation. Here, you must prove that the defendant’s actions were the real cause of your injuries. Here, the plentiful has the burden of proof. He/she must explicitly show how the action of the other party caused his/her injuries. A good attorney understands how to briskly represent you in a court of law and prove causation.


To get the best compensation, you must prove that you suffered damages or losses. According to the law, you have the right to seek compensation for any type of damages you suffered from a personal injury issue. This may include economic damages or non-economic damages. While economic damages relate to financial losses incurred like hospital fees and other related medical expenses, non-economic damages include intangible harm elements like pain as well as suffering.

Get The Right Compensation

Don’t let personal injury pin you down. Get the right compensation. Hire the best lawyers in town to represent you and get you the best compensation. Read reviews. Do your research. Get references. You will land the best personal injury. Let Michael P. Fleming & Associates, P.C. help you handle your personal injury lawsuit.

The Bottom-Line

If you want your personal injury case to succeed, it’s important to understand the basics. In particular, know all the elements of a personal injury lawsuit. The above are common elements of any personal injury lawsuit.