If you want to collect compensation from a person who caused a car accident you were involved in, there are four basic elements that must exist in order for you to do this. When these four elements exist, it may give you the right to sue the other driver for compensation, and here is an explanation of the top four elements that must be present to file a suit against someone.
The first element is duty. Duty refers to the obligations people have to follow the rules that are in place for driving. This includes following posted speed limits, stopping at stop signs, and yielding for traffic. When people follow the rules, they are less likely to cause accidents. If you were in an accident caused by a person failing to follow a road rule, then you will have the first element you need to file a case against the person.
Breach is the second element that must be present, and breach simply refers to the failure to abide by a rule of the road. For example, if the person collided with you for failing to stop at a stop sign, this proves a breach of duty. In many cases, it is easy to prove a breach just by looking at the evidence of the accident scene or by talking to eyewitnesses.
The third element is causation, which involves proving that the breach of duty from the other driver is consistent to the damages and injuries you have. In other words, you must prove that the accident led to the damages to your car and your medical injuries.
Finally, you must also be able to prove harm, which is the fourth element needed in a car accident case. If you were not injured from the accident, you cannot file a lawsuit or claim against the other party. You can still receive compensation for the damages to your car, but you would not be able to file a personal injury suit, because injuries must be present. Additionally, you must be able to prove the injuries you have are the result of the collision and not from something else.
If you are not sure if all of these elements exist, you should talk to a personal injury lawyer about your case. A lawyer can review the facts and evidence from the case and can tell you what your rights are in it.Share