What You Need to Prove Your Personal Injury Claim
Attorney Tyson Mutrux describes in this video what you need to prove your personal injury claim.
Hi, Tyson Mutrux here with the Mutrux Law Firm and today what I want to do is I want to talk about the four elements that you must prove to win your injury claim. If you have an attorney those are the four elements that your attorney needs to prove to win your injury claim.
Now, number 1 is the duty of care. They have a duty to either protect you, or not harm you in some way.
Number 2 is that they breached that duty in some way. For example, let’s say that it’s an auto accident claim. They violated the traffic symbol or a stop sign, or something like that. That’s a breach of a duty of care.
Number 3 is that you were injured in some way. Whether that is physically in some way. Obviously for an injury claim you need to be physically injured in some way, or mentally injured in some way. If you’re just filing a property damage claim, obviously that’s not an injury claim but that is a harm to you, so that is an injury to you.
Number 4 is that your injuries are proximately caused by the defendant’s breach of that duty. Whatever they did, had to of caused your injuries. Those are the four elements of most personal injury claims. Not every, but the vast majority of injury claims, those are the four elements.