The Top Three Things You Must Prove to Win a Personal Injury Case
Also referred to as tort, a personal injury is basically a civil and private dispute.
But there are certain circumstances that can complicate a simple personal injury case and turn it into a criminal dispute.
When filing a personal injury case, your lawyer needs to prove three crucial things to pin down the guilty party.
Read on to know what they are.
First, the personal injury attorney that you hire will need to prove that the person or the company that you are accusing of causing your personal injury has been given the legal duty to perform or act in a specified manner.
For instance, any restaurant in the state is naturally required by law to make sure that the food items it serves to customers are clean and safe from harmful ingredients.
If a consumer like you has suddenly become ill after eating from the said restaurant, then there may be a violation of the law.
In other words, the restaurant may have failed to act according to what is asked by the law in exchange for granting the restaurant the right to operate a food business.
Second, your injury attorney needs to prove that the person or establishment responsible for your injuries has actually violated the duties required by law.
In the restaurant case above, it must be proven beyond doubt that the defendant (the restaurant) is guilty of serving substandard or harmful food items.
This is actually the hard part.
There are many cases that required the help of the latest technological trends just to prove that the party being accused has indeed breached the duties laid down for it by law.
Finally, the personal injury attorney that handles your case must be able to prove that your injury was indeed caused by the violation committed by the defendant.
It may be true that the restaurant above has been given the duty of only serving safe food items to customers and it may also be true that the said establishment has violated such duties required by law.
But if your lawyer fails to prove that your injury has actually come as a result of that violation, your case will not be able to convince the court to award damages to you.
Contact a law firm in your area to learn more about your rights and filing a claim.