What Should You Do After A Car Accident?

Do You Know These 4 Necessary Parts of an Injury Claim?

When a person is injured, they may sink into a frustrating uncertainty about what the future holds. With medical bills piling up and work days missed due to recovery, there may be doubts about how they will be able to handle their finances. However, injury compensation may be available.

If you’ve sustained a serious injury caused because of another person’s negligent conduct, you may be able to pursue legal action. For more information regarding your rights and options as an injured individual, contact Jacksonville personal injury attorney Donald Guthrie, P.A., today at 904-296-1088.

The following four things must be true to make a personal injury claim:

#1: A defendant has to be liable for performing a duty for the claimant.

Every personal injury claim begins with a duty. A defendant has to have some sort of duty or obligation to the injured claimant. On the road, this duty may be as simple as not causing an accident due to reckless driving. Similarly, product manufacturers may be held to the duty of not providing consumers with dangerously defective products.

#2: A defendant has to break that duty to the claimant.

Every claim also requires a mistake or intentional harmful act on the defendant’s behalf, leading to the violation of that duty. This violation may be the act of speeding or weaving through traffic for car accident cases.

#3: The claimant must be able to report an injury.

A claimant has to be able to prove that they’ve been injured. For physical injuries, medical reports are often sufficient. For emotional suffering, they may require substantially more evidence.

#4: The claimant’s injury has to be the result of a defendant’s wrongdoing.

For a claimant to sue a defendant for compensation, the defendant needs to actually be at fault for the incident. If a person makes a mistake and someone else is injured, but the injury wasn’t actually caused by that mistake, the injured individual can’t sue for compensation. However, the mistake was the cause for that injury, compensation may be available.

Contact Us

If you’ve been injured because of another person’s dangerous actions or lack of action, you may be eligible for a compensation lawsuit. To discuss your options further with an experienced attorney, contact Jacksonville personal injury lawyer Donald Guthrie, P.A., today by calling 904-296-1088.

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