.1505052118424.jpg)
Victims who are injured as the result of another's negligence, carelessness, or wrongful act may have a right to recover their damages by filing a personal injury claim – or lawsuit – against the at-fault party. In order to prove that another party is liable for victims' damages, victims must prove that the other party's conduct more likely than not contributed to or caused their injuries.
At The McClellan Law Firm, our San Diego personal injury lawyers have helped many clients obtain justice and complete compensation by focusing on the essential elements required to prove liability. Although all cases are unique and circumstances vary, these general elements are crucial to all personal injury claims. Our legal team focuses on proving the following:
- A Legal Duty Existed – Legal duties can exist in many forms, depending on the nature of an accident. In car accident cases, for example, motorists have a legal duty to drive responsibly, obey the law, and take reasonable measures to keep others safe from preventable harm. Premises owners have a duty to provide safe environments for guests. Product manufacturers have a legal duty to ensure that their products are safe for their intended use. When parties fail to uphold these legal duties, they place others at risk of suffering harm.
- Another Party Breached This Legal Duty – When a person or entity fails to uphold their legal duty, it is considered a breach of duty. Motorists who drive under the influence of alcohol, for example, know – or should know – it is illegal and places others at risk. Parties may breach their legal duty by exhibiting negligent or wrongful conduct.
- The Breach of Duty Caused Harm –As a result of the breach of duty, victims suffered damages, including physical, emotional, and /or financial damages. Proving this, as well as the extent of a victim's injury, will establish what compensation victims may be eligible to receive.
Although the elements of proving liability can be summed up in a simple manner, effectively proving them and supporting them with evidence can be difficult, especially when insurance companies aim to minimize claims. By working with proven personal injury lawyers, you can be confident that seasoned advocates will build your case and prove these elements on your behalf.
If you have questions about filing a personal injury claim in San Diego or would like to discuss your case with a member of our legal team, call (619) 215-1488 for a FREE consultation.