The Basics Of Personal Injury Law
A proper understanding of the essential elements of personal injury law can help any person who is hurt in an accident to judge whether or not he may be entitled to monetary compensation for damages suffered. There are certain elements that must be present in each case before any accident victim can engage in successful litigation. Knowing what these elements are can simplify the decision process considerably.
Defining The Harm
These injuries are recognized as any that arise from any type of accident. There is almost invariably an element of physical harm involved, but damages can include psychological or emotional harm as well. However, these damages can only result in legal recovery if other factors are present.
The Tort
Before any recovery can be pursued, the accident has to qualify as a tort. That means that it must involve a civil wrong capable of being remedied through the legal process. These torts always involve one party either being deliberate or negligent in activity that ends up causing harm to another. This results in a failure to meet one’s legal duty to that person. There are four key aspects of any tort.
There Must Be A Duty
As a matter of law, every tort stems from a legal duty. There are common standards recognized in most jurisdictions, though some have stricter definitions of duty than others. One simple example of this type of duty would be the basic requirement that any owner of a restaurant ensure that his customers have clear pathways on which to walk without fear of tripping or falling.
A breach of duty
When a person fails to meet his legal duty, he establishes the breach of duty that is the second essential element of a tort. In our example, the restaurant owner fails to pick up cleaning equipment from his restaurant floor and thus creates a known hazard for his customers.
Cause and Effect
As a third requirement, the damage from the accident must have resulted from the failure to fulfill the recognized duty. In other words, the customer who eventually tripped and fell over the object on the floor in the aforementioned restaurant must have suffered damages as a result of that fall. This then links the damages to the negligence of the restaurant owner.
Provable Damages
The final element is the existence of real damages suffered as a result of the incident. In the example cited, the customer who fell may have suffered permanent nerve damage that resulted in any number of medical restrictions limiting his ability to work, as well as other damages.
When all four of these elements are present and resulted from a slip and fall, auto accident, or other tort-related incident, the victim is entitled to seek recovery. This recovery can include damages from the actual medical costs, pain and suffering, and loss of future earning capacity. Would-be plaintiffs who understand the basics of personal injury law will have a better grasp of when an attorney should be contacted.
When looking for a personal injury lawyers Toronto be sure to visit the legal team at Win or its Free to see how they can help you win your case.