Elements of An Injury Claim

Just because you suffered an injury in an accident does not mean you are entitled to file a personal injury claim. You must be able to prove that the defendant is responsible for the accident and your injuries, which can be difficult in some cases.

Elements of Negligence

Most personal injury claims require proving these four elements:

• Duty of Care – The defendant owed the claimant a duty of care to prevent an accident and injury
• Breach of Duty – The other party failed to provide reasonable care, i.e., was negligent or reckless
• Causation – The defendant caused your injuries, and reasonably should have known their actions could cause an accident and injury
• Damages – The accident caused you substantial injury and damages

It is not enough to prove that the defendant was negligent or reckless (e.g., speeding). You must also prove that the defendant’s negligence or recklessness caused your accident. Then, you must connect your injuries and other damages to the accident.

Examples of Claims

To better illustrate what constitutes a personal injury claim, consider the following example of the four elements at work: A drunk driver runs a red light, striking another vehicle. The victim in the other vehicle suffers a broken hip as a result the accident.

Here are how the four elements listed above would work in this case:

• Duty of care – All drivers owe others on the road a duty of care to drive responsibly and avoid accidents
• Breach of Duty – A driver breaches that duty by choosing to drive drunk. Running a red light is also a negligent act
• Causation – The drunk driver caused the accident by being intoxicated and running the red light. The drunk driver should reasonably know that driving while impaired can cause an accident, and that running a red light may endanger other drivers
• Damages – The accident caused the victim’s broken hip, and probably various other damages

Contacting a Lawyer

Have you been injured in an accident caused by someone else’s negligence? If someone else owed you a duty of care but, by engaging in wrongful conduct, failed to fulfill that duty, they might be considered responsible for providing you with compensation for injuries you suffered as a result of their negligence. To review the circumstances of your accident with our Ontario personal injury lawyers and learn if you might be entitled to compensation, call 1-800-JUSTICE today and receive a free initial consultation with Preszler Injury Lawyers.