There are three elements that must be present to have an actionable personal injury claim. First, the culpable party (the defendant) must have owed a duty of care to the plaintiff. Second, the defendant acted negligently – i.e., they failed to act with proper prudence or care. For example, drivers owe a duty of care to safely operate their vehicles, and doctors owe a professional duty of care in providing medical treatment. Finally, the plaintiff must have suffered an injury that was caused by the defendant’s negligence and failure to meet their duty of care.
To find out for sure whether you have a personal injury claim, you should contact an experienced personal injury lawyer as soon as possible after being injured. By consulting with a lawyer early in the process, you secure your legal rights and any entitlement to compensation.