The Cochran Firm Legal Blog

Personal injury laws are on the books in order to protect the public from the effects others’ actions may have on their lives. Physical injuries often result after car accidents, slip and falls, trucking accidents, or because of defective medical products. Emotional injuries, however, are also included within personal injury law, and you may be entitled to receive compensation even if you have not been physically injured. Emotional injuries, for example, may be suffered due to libel, slander, or defamation of character.

Elements

Certain elements must be proven in order to have a valid personal injury claim, including:

· Duty. The individual or entity being sued in a personal injury case must have had a duty to the plaintiff.

· Breach. Once it is found that a duty did exist, a breach of that duty must be proven. A breach of duty simply means that, given the specific circumstances, the individual or entity failed to exercise reasonable care. The standard of reasonable care is established on a case-by-case basis, depending on both the defendant and the circumstances.

· Causation. In order to prove causation, it must be shown that the injury the plaintiff is claiming to have suffered was a direct result of the breach of duty by the defendant. In other words, if the plaintiff would have suffered the injury even if the defendant had not breached his or her duty, causation does not exist. This is the most difficult element to prove in a personal injury case.

· Damages. A plaintiff must be able to show that damages were incurred as a result of the injury suffered. Damages may include, but are certainly not limited to, monetary damages, such medical bills or loss of future wages, or emotional damages, such as the loss of quality of life.

If you or a loved one would like to learn more about personal injury law, please contact the experienced personal injury attorneys at The Cochran Firm, operating 27 offices in 16 different states.