requirements in proving a personal injury claim and lawsuit | Shapiro, Washburn & Sharp

When a victim has been injured in an accident caused by another party or parties, they are legally entitled to pursue damages for financial compensation for the losses their injuries have caused. Many people use the phrases personal injury claim and personal injury lawsuit interchangeably, however, there are differences, including:

Unlike a personal injury claim, where parties come to an agreement, an attorney needs to prove certain elements in order to be successful in a personal injury lawsuit:

  1. The at-fault party owed a legal duty of care to the victim.
  2. The at-fault party breached that duty.
  3. That breach caused harm to the victim.