Suffering an injury is never something you expect. When a plaintiff brings a personal injury claim, they must show that the defendant’s negligence caused the injury. To do so, a plaintiff, or their car accident lawyer in Washington, DC on behalf of them, must prove these four elements exist in a lawsuit.
The Defendant Had a Duty of Care To Perform
As our car accident lawyer might explain, a duty to perform can be best summed up in the following way: The plaintiff had a reasonable expectation that the defendant would act responsibly in performing the action that ultimately led to the injury. This relationship between reasonable expectation and duty of care is something that can be legally mandated or implied by the activity the two were engaged in – in this case driving. For example, a driver is expected to obey safety control devices, thus, a duty to perform while operating a vehicle.
The Defendant Breached Acted in Violation of the Duty
When an accident happens due to negligence, the duty of care has been breached in some way. A drunk driver operating a motor vehicle blatantly violates the implied duty of care when on the road. In this case, your lawyer may not only pursue legal damages, but the police could file charges against the drunk driver.
The Defendant Caused the Injuries
The third element in proving negligence is that the defendant must have caused the injuries to the plaintiff – either directly or indirectly. In the case of a car accident, if the plaintiff suffered any injuries because of the driver’s negligence, and this can be proven through medical records, your lawyer may be able to obtain monetary compensation.
The Defendant Owes Financial Compensation
When a person is injured, it can cause wide-sweeping effects. The most obvious is the financial repercussions of an injury. Medical care, acute or ongoing, often adds up to an enormous amount of bills. If the plaintiff cannot work while recovering from an injury, there is a loss of income. Damages are calculated by the sum of all the elements lost by the plaintiff due to the negligent party. In a personal injury lawsuit, the goal is to recover not only what was lost in the past, but also what might be needed in the future.
