When Is Someone Liable For Someone Else's Injury?

Accidents happen every day in different settings such as workplace, hospitals, schools, roads, public establishments, and even at our homes. Some accidents, like a car accident for example, are serious enough to cause grave injuries or death to their victims. Though no one wants these accidents to happen, it is possible that someone is responsible for them. It is very common that someone's negligent action caused the accident and in this scenario the injured victims have a right to file a personal injury claim and deserve compensation.

How can you know when someone is liable for the injury of others and therefore have to pay them compensation for their personal injury? There are four elements that have to be established with the help of your personal injury attorney:

• Duty of Care – The victim has to prove that the offending party owed him a duty of care. In car accidents for example, a driver has the duty of care to his passengers, other motorist, pedestrians and properties on the road. A driver's license is proof that a person can be responsible enough to drive a vehicle without causing injury or harm to a person or property.
• Breach of the Duty of Care – Duty of care is breached when the offending party failed to act like a reasonable person is supposed to act and it resulted to the accident. It is often breached when the defendant knows the consequences of his actions and still fails to act responsibly. In car accidents, a driver may be proven to breach the duty of care if he is speeding, texting, or driving under the influence.
• Causation – The injured party must prove that the injuries he sustained from the accident would not have happened if not for the breach of duty of the defendant. For example, if a car crash victim suffers from spine injuries he must prove that it was because of the offending driver's negligence and it is not a pre-existing condition.
• Damages – Once the plaintiff proved that the first three elements have been met, he must now prove that he deserves to receive damages for the medical bills and lost of income he has sustained, as well as the compensation for the physical and emotional distresses he suffered.

If you think that someone should be liable for the injuries you sustained from an accident, contact a personal injury lawyer to help you out.