What You Should Know About Personal Injury Law
People who are injured through no fault of their own have a right to financial compensation for damages caused by another person, company or other organization. It's the law.
At Kinerk, Beal, Schmidt, Dyer & Sethi, in Tucson, our personal injury lawyers help people who have suffered serious injuries recover the maximum amount of financial compensation allowed by law.
The Four Elements of Proof in Personal Injury Law
In every personal injury case, the injured party, or plaintiff, needs to prove a number of points:
- Duty: We will take pains to establish that the person who injured you had a duty to do otherwise. For example, a physician has a duty to provide competent medical treatment. The driver of a car or truck has a duty to follow the rules of the road.
- Breach of Duty: We will argue that the defendant's actions represented a breach of duty. If a doctor prescribed a near-fatal dose of a drug or a truck driver failed to stop for a stop sign, they breached their duty of care.
- Causation: This element links the defendant's breach of duty to your injuries. We may use physical evidence, expert testimony and eyewitness reports to show that the defendant's actions directly caused your injuries.
- Damages: Finally, we must prove that you suffered various types of damages and assign a monetary value to each. These damages include your medical bills, rehabilitation expenses, lost wages or income and property damage, such as a totaled car. They may also include your pain and suffering and mental anguish.
Our attorneys are experienced in personal injury law. We know how to analyze the circumstances of an injury claim to determine whether the necessary elements of proof exist. If you would like to discuss your case with us, please contact us to schedule a free, no-obligation consultation.
