What makes a good personal injury case is built on establishing the four elements of negligence. As an injured party, you and your legal team will need to prove that because of a negligent party’s action or inaction, you have suffered verifiable losses that have impacted your quality of life.
For your case to be successful, you will need to prove:
- The responsible party had a duty of care not to harm others.
- The responsible party violated this duty for whatever reason.
- As a result, you suffered injuries in an accident.
- You have sustained financial losses directly stemming from the liable party’s negligence.
One of the most crucial parts of your case will be the strength of the evidence you have presented. If you do not have evidence that supports your claim, it will be difficult to pursue compensation. For that reason, following any type of accident, many people choose to work with a personal injury lawyer who can handle all parts of building their case.
The Elements of a Personal Injury Claim
Knowing what makes a good personal injury case could mean the difference between getting compensation for your injuries versus paying out of pocket for an accident you did not cause.
When a lawyer charts the path toward compensation for their client in a personal injury lawsuit, they generally aim to do four things:
Establish the Negligent Party’s Duty of Care
The term “duty of care” generally means that somebody (in this case, a negligent party) owed another person a measure of safety. The duty of care states that you will not put others at an unreasonable risk of sustaining harm and is generally implied in a variety of different situations.
Demonstrate Breach of Duty of Care
Breaching one’s duty of care generally means that the negligent party put others at an unreasonable risk of being harmed. For example, if a driver decided to text while driving, this violates their duty of care, as they have willingly put themselves in a position where they could injure others.
As a claimant in a personal injury case, you are alleging that the other party acted or failed to act in some way that resulted in your injury. That is, their actions caused your injuries and related losses.
Illustrate Your Losses
Your legal team must prove that because of the accident, you have suffered losses that would not have happened otherwise. By saving medical bills, pay stubs, and other items that indicate the value of your losses, you can establish this element.
Events That May Warrant a Personal Injury Claim
There are countless types of accidents, intentional acts, and circumstances that could justify you bringing a personal injury case against a negligent party.
Some lawyers list ‘practice areas’ that denote the types of personal injury lawsuits that they handle.
These can include:
- Motor vehicle crashes, which can be caused by a negligent motorist or other responsible parties
- Slip and fall or trip and fall accidents, which may relate to premises liability
- Defective construction or construction-related accidents
- Environmental hazards or toxicity
- Pedestrian and bicyclist accidents
- Defective products, including dangerous drugs
- Medical malpractice, which may include multiple forms of medical wrongdoing
- Police misconduct
- All accidents relating to premises liability
- Workplace injuries
- Wrongful death
So long as you or your lawyer is able to establish, in accordance with the legal threshold, that one or more parties were responsible for your injuries and resulting losses, then you may have what qualifies as a good personal injury case.
Call The Cochran Firm – Nashville
At The Cochran Firm – Nashville, we strive to help you build a personal injury case, with the goal of obtaining adequate compensation for your injuries and losses. When you work with us, some of the duties we may be able to undertake on your behalf include:
- Assessing the facts and evidence of your case to determine a legal approach
- Consulting experts in fields relevant to your case and obtain their testimony where it is applicable
- Establishing how the liable party caused your injuries
- Representing you in settlement negotiations
- Advocating for your rights in court, if necessary
- Fighting for any compensation for which you are entitled
Our team is ready to get started on your case today. During your free case review, we encourage you to share the details of your accident, injuries, and financial losses. In most cases, Tennessee only allows one year from the date of your accident to file a lawsuit, covered under Tennessee Code §28-3-104. Because you may not have a long time to act, we encourage you to contact us as soon as possible.
To get started, call The Cochran Firm – Nashville at 615-678-6278 for your free, no-obligation consultation. We handle our cases on a contingency-fee basis, which means you pay nothing upfront and owe us no attorney’s fees unless you win your case.