Are you in the midst of filing a personal injury lawsuit? Hoping for the best, but preparing for the worst? Read more about which elements comprise a successful personal injury lawsuit, and make sure you and your attorney are ready to fight for an adequate settlement.
The Four Pillars of Personal Injury
In order to confirm the defendant caused your injury and owes you damages, you and your attorney will need to prove these four things.
- First, prove that the defendant owed you a duty of care. For example, a physician is ethically bound to provide the best care possible. The owner of a store or restaurant is required to provide a safe environment for you to shop or eat.
- Second, prove that the defendant breached that duty. Perhaps your doctor acted in a negligent or reckless manner. Maybe that shop owner neglected to clean up a spill on the floor, and you slipped and fell.
- Third, prove that you were genuinely hurt—and that you took a financial loss due to that injury.
- Fourth, prove that your injury was a direct result of the defendant’s recklessness or negligence.
Hire a Savvy Attorney
While US law does allow you to represent yourself, it’s best to have an expert on your side. Shop around for an attorney who specializes in personal injury cases. Your ultimate choice should care deeply about your case, provide high-quality legal advice, and work diligently to get the lawsuit process in motion.
Follow Your Lawyer’s Advice
The best legal representation in town won’t do you much good if you don’t listen to them and take their advice. While your lawyer is the expert, you are ultimately the plaintiff, and you should remain an active part of the lawsuit process.
Your attorney will likely advise you to stay off social media during the litigation process to avoid muddying the waters. In addition, they’ll probably tell you to be wary of the defendant’s insurance company, even if the representative is friendly and non-confrontational. Don’t talk to third parties about your lawsuit without your attorney’s permission. Stay in regular contact with your lawyer and provide all the information you can about your injury.
In order for your lawsuit to have a positiveoutcome, work closely with an expert in the field. Your attorney will be your greatest ally as you put these elements together for a successful personal injury lawsuit.