Charlotte Personal Injury Attorney Matt Arnold answers the question: ” If an incident report was filled out, do I have a right to receive a copy?”
When you or a loved one is hurt in a car crash or in some other accident, the medical bills and other expenses you incur begin to add up quickly. You should not have to pay for these costs out of your own pocket. The negligent person should be accountable for all the expenses caused by the accident. As the victim of an accident that was not your fault, you have the right to recover damages that may be financial, physical, or emotional. You may be able to file a claim against the negligent party. When you do so, you will need to prove the elements of personal injury claims in order to qualify for such a claim.
Elements of a Personal Injury Claim
In order to prove your claim you must be able to show that the other party was negligent and that you suffered damages as a result of the negligent action. There are four main elements of a personal injury claim including:
- Duty of care. The other person had a duty to act in a reasonable manner. Some people, such as doctors, have an elevated duty of care because of their education, knowledge, and training.
- Breach of duty. The person acted in a way that was not reasonable and therefore breached his duty of care. The negligent party did something, or failed to do something, that a reasonable person knew could cause harm to another.
- There are two parts of causation that include cause in fact and proximate cause. But for the actions (or inaction) of the negligent party, the injury would not have happened. The injuries must be a reasonable and foreseeable consequence of the negligent act.
- You must have sustained identifiable damages as a result of the other party’s negligence. In other words, your injuries must be significant enough to be able to prove or the claim will fail.
You must be able to demonstrate all of the elements of the claim. A knowledgeable personal injury attorney understands how to gather the information and documentation needed to ensure a successful claim.
Proving Elements of a Personal Injury Claim
Proving some elements of a personal injury claim can be challenging. The state of mind of the party may show that the person acted in a way that breached their duty. Negligence or carelessness is one of the ways that a person may have breached the duty of care. If the person was reckless, or acted with willful intent, this could also prove a breach of duty. In other situations, a person may be responsible due to strict liability. Sometimes a person is held accountable for a particular action, regardless of their intent. Strict liability is not utilized in product liability cases.
When you want to prove a personal injury claim you may require some help from a reputable attorney. Your lawyer will evaluate the case and assist you in gathering the documentation you will need to prove your claim. If you were hurt in an accident that was not your fault, you may be owed compensation from the responsible party. Call (704) 370-2828 to receive a video, phone or in-person consultation with our lawyers to explore your legal options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
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