Any person who is involved in an accident will be supported by a proper understanding of the basic elements of personal injury law to judge whether or not he might be entitled to monetary compensation for damages sustained. Before any accident survivor may participate in successful litigation, there are some conditions that must be present in each case. Knowing what these components are will greatly simplify the decision process.Checkout Fresno personal injury lawyer for more info.
Defining The Damage
Such injuries are better characterized as accidents and other events resulting from injury. This injury includes physical harm sustained in most cases, but it can also include emotional anguish and other psychological distress. However the existence of damages is not sufficient in itself to ensure that financial relief can be achieved through litigation.
The injury must occur from a tort in order to have legal action available. Any non-criminal crime against another that can be litigated in court is very literally, a tort. Torts include cases in which one person fails to satisfy legal obligations owed to another. The action typically includes some degree of negligence, while malicious acts may also be involved at times. Four necessary elements must be present to qualify as a tort.
A Duty Must Be There
Each tort stems from a legal obligation as a matter of law. In most jurisdictions, there are universal norms accepted, although some have stricter concepts of duty than others. The basic requirement that any owner of a restaurant ensure that his clients have clear paths on which to walk without fear of tripping or falling will be a simple example of this form of duty.
If an individual fails to perform his legal obligation, the infringement of duty, the second essential element of a tort, is created. The restaurant owner fails to pick up cleaning equipment from his restaurant floor in our example and thus creates a recognized danger for his clients.
Linking Cause to Harm
The harm from the accident must have resulted from the failure to perform the acknowledged obligation, as a third prerequisite. In other words, in the aforementioned restaurant, the customer who finally tripped and fell over the item on the floor must have suffered damage as a result of that fall. This then ties the damages to the owner of the restaurant’s negligence.
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