Personal injury law, also known as tort law, is the body of law by which persons can claim compensation for harms done to them by those that are under a duty of reasonable care, and proximately cause harm to another. While it is important to be mindful that not all injuries are compensable under personal injury law, a plaintiff’s ability to collect often boils down to skill of the attorney representing that plaintiff.
THE FORMAL ELEMENTS OF A PERSONAL INJURY CLAIM
There are four elements to a personal injury case: duty, breach, causation and damages. The person that harmed the plaintiff must have a duty of reasonable care to that plaintiff, which can be the result of a statute creating a duty or a duty of care as set forth by courts in the relevant case law. That duty must be breached, and the breach in question must have been a proximate (foreseeable) cause of the harm that resulted in damage to the plaintiff.
THE PRACTICAL ELEMENTS OF A PERSONAL INJURY CLAIM
In practice, success in a personal injury case is less about mastery of tort law, and more about an attorney’s experience and ability to effectively represent a client in negotiations, settlement, and at trial. Should the case go to trial by jury, it will be up to the trial attorney to tell the right story, call the right witnesses, and convince the jury that the plaintiff is entitled to substantial compensation. The Diamond Bar lawyers at Kenner Law Group have longstanding experience with such trial work, and have successfully obtained jury verdicts for personal injury victims.