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.