The basis of all personal injury claims is negligence on behalf of the person who was at fault for the accident that injured the victim. It’s the job of a personal injury lawyer to prove that the defendant was negligent and caused the plaintiff’s injuries.
Proving Negligence
If you’ve been hurt in an accident caused by another person, then personal injury lawyers in Minnesota could file injury claims on your behalf if they can prove negligence. There are five elements that he or she must prove:
* Duty of Care: Everyone has a duty of care to act responsibly when driving, to maintain his or her property, and to keep control of his or her dogs. Doctors have a duty to their patients to treat their conditions appropriately.
* Breach of Duty: A breach in duty exists if someone fails in his or her duty of care to drive responsibly, maintain property, control a dog, or treat a patient’s condition appropriately. If personal injury lawyers can prove that the defendant failed in his or her duty, they can recover compensation for their clients.
* Cause in Fact: Your injuries were the direct cause of the other person’s breach of duty.
Proximate Cause: Nothing else could be responsible for your injuries.
* Damages: There were monetary damages due to your injuries.
If personal injury lawyers can prove these elements, then they can recover compensation for the medical expenses due to your injuries, lost wages, and pain and suffering. Visit website for more info about affordable personal injury lawyers in Minnesota.
Comparative Negligence
Minnesota is a comparative negligence state so if the plaintiff is found to have contributed to the accident in which he or she was hurt, his or her compensation can be reduced. If he or she found to be 50% or more at fault, the law states that he or she will not receive any compensation. A personal injury lawyer from Rutzick Law Offices can help you if you’ve been injured in an accident that wasn’t your fault.
