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Do I Have a Valid Personal Injury Claim?

If you have been injured because of someone else’s negligent or reckless actions, you have suffered a personal injury in legal terms. In order to obtain compensation for your personal injury, your claim must have the following basic elements:

  • A duty existed – You must establish that the defendant (e.g. the other driver in a car accident case) had a duty to fulfill. This ‘duty’ can be as straightforward as the obligation to drive safely. In more complex cases, a company may have the express duty to prevent injuries from occurring.
  • The duty was breached – Your injury claim begins when the defendant breached their duty, creating the potential for liability. For example, the other driver may have breached their duty to drive safely when they ran a red light.
  • You were injured – If no injury exists, you cannot obtain compensation from the defendant. You must be able to prove that you were injured, and that you have suffered damages.
  • Link between breach of duty and your injury – This is the hinge of a successful personal injury claim. You must be able to prove that the other party’s negligence caused your injuries.

Building a strong personal injury case that successfully proves all of these elements and leaves no room for doubt requires the help of an experienced personal injury lawyer.

If you have suffered a serious personal injury in San Diego because of another person’s negligence, please contact The Rubinstein Law Group today or call (760) 804-2790 to schedule your free case evaluation. We serve clients throughout Oceanside, Escondido, San Marcos, and the rest of the San Diego area.