What is a personal injury case?
A personal injury case is when you have suffered harm as a result of another person or entity’s negligence. Negligence is defined as duty, breach, causation, and damages. Duty means that the defendant owed you a duty or care as a reasonably prudent person (RPP) under the circumstances in the shoes the defendant was in. Breach means that they violated the RPP standard and put you in a position of peril, having both actual or constructive notice as well as the opportunity to cure the defect. Causation is the link between their breach of the standard of care and the injury or damages that you have suffered. That link must be reasonably foreseeable and there should not be another intervening or superseding cause that caused your damages. Damages are the harm that you suffered directly caused by the defendant’s breach of the standard of care.
If you meet those four elements, you have shown the defendant is negligent and you have a viable personal injury case.
