Menu +1 (512) 982-9328

Elements of a personal injury claim

What are the elements of a personal injury claim?

Before filing a personal injury claim, you must first consider whether you have valid case. Personal injury laws require those filing a claim be able prove several things. A valid personal injury claim must be able to show that:

  • The party that injured you owed you aduty. This can be something as simple as the duty to drive in a safe manner or something more complex such as the duty to prevent injuries on one’s property.
  • The party that injured you breached the duty. The defendant must have acted in a negligent way or failed to act, thus breaching their duty to you.
  • You suffered from injuries. The injuries can be physical, emotional, financial, or all of the above. You must have documented evidence of your injuries to move forward with a case.
  • The breach of duty caused your injuries. If a negligent driver was speeding and caused your car accident, the driver’s breach of duty is what caused your injuries.
  • If you are able to demonstrate sufficient evidence of the above items, you are likely to prevail in your claim. Our Austin personal injury law firm can review your specific situation and advise you on whether you have enough evidence to pursue a case against the negligent party.