What Does It Take To Win a Personal Injury Lawsuit?

by Monty Yolles on October 24, 2012

Winning Your Personal Injury Case

One of the first questions clients ask in a personal injury case consultation is, “What do we have to prove to win?”  The fact-specific answer, of course, depends on the case, but the general answer in every case is that in order to win a personal injury lawsuit, the injured party must prove four (4) elements:

  1. A duty was owed to the injured party by the tortfeasor;
  2. The tortfeasor breached that duty
  3. The injured party sustained damages; and
  4. The damages were proximately caused by the breach.

Let’s talk about the 4th element. In legal terminology, proximate cause exists if the injury was the natural and probable result of the defendant’s action or omission.   For example, if a doctor prescribes a penicillin-based drug to a patient whose chart states he is severely allergic to penicillin, and the patient suffers an allergic reaction, then the doctor is liable to the patient for damages incident to the allergic reaction, which was caused by the doctor’s negligence.

On the other hand, if the same patient leaves the doctor’s office and is hit by a car while crossing the street, breaking his leg, the doctor is not liable for the patient’s broken leg because the doctor’s negligence was not the proximate cause of the patient’s broken leg.  Being struck by a car was not a foreseeable result of the doctor’s negligent choice of medication for the patient.

In your case, and every personal injury case, it will be critical for your legal team to present evidence in court showing that your injuries were sustained due to the defendant’s actions or omissions, and that your injury was a reasonably foreseeable result of the defendant’s actions or omissions.

If you or someone you know was injured in an accident, another person or business may be liable for monetary damages, especially if the accident could have been reasonably prevented or was caused by a negligent act or ommision. 

Since every case is fact-specific, you should consult with an experienced personal injury attorney to evaluate the facts related to your case and help you choose the right course of action. 

At The Yolles Legal Group, we will fight for your rights and seek monetary damages if you were injured due to another person or company’s negligence.  Monty Yolles, founder of THE YOLLES LEGAL GROUP, is an experienced Maryland personal injury attorney who can review your case and help you navigate the legal system on your road to recovery.  Call Monty Yolles today at (301)670-0443 to discuss your case, or send an email inquiry to monty@yolleslaw.com.

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