If you’re injured as a result of the negligence of someone else then you have the right to file a personal injury lawsuit against them. That said, you have a lot of work ahead of you. There are several things you need to prove in order to win your case. The good news is that Law Offices of Fernando D. Vargas is here to help. Read on to learn more about the four elements that must be proven and then reach out to us at 909-982-0707 for more info.
- You must prove that the defendant had a duty to ensure your safety
- You must prove that the defendant had a breach in their duty
- You must prove that the actions or inactions caused you harm
- We must prove the damages
First of all, you must prove that it was the defendant’s duty to ensure your safety. For example, if you were involved in a car accident, it’s easy to show that the other driver had a duty to follow the rules of the road. Another example is if you were injured on someone else’s property. As long as you were there legally, the owner of the property had a duty to ensure that their property was safe.
This is essentially the situation in which the defendant didn’t hold up their end of their duty. The court will consider what a reasonable person would have done under the same or similar circumstances. We must show that a reasonable person who was in the same situation as the defendant would have acted in a different way.
Next, we have to show that something the defendant did – or didn’t do, in the case of inaction – resulted in harm to you. We must show that their negligence was the only reason for the harm and that if they hadn’t acted negligently then the situation would have turned out differently. For example, if the case involved a car running a red light, then we would need to show that the accident would not have occurred if the defendant hadn’t run the red light.
The final element is your damages. We must show what the damages were and that they were related to the accident. Actual damages include things that have a specific monetary value, such as medical costs, lost wages, and property damage. You may also sue for non-economic damages such as pain and suffering.
Get help from an experienced personal injury attorney
The good news is that you’re not in this alone. At Law Offices of Fernando D. Vargas, we have decades of experience working with clients just like you. The first step is to call us at 909-982-0707. We’ll start with a free consultation that puts you under no obligation. We’ll simply talk about what happened and then offer our legal opinion on what your options are.
If you decide to move forward with your case, and we decide to work with you, then we will take your case on a contingency basis. As a result, you won’t pay a cent for your case until you recover damages.
