Any person who is involved in an accident will be supported by a proper understanding of the basic elements of personal injury law to judge whether or not he might be entitled to monetary compensation for damages sustained. Before any accident survivor may participate in successful litigation, there are some conditions that must be present in each case. Knowing what these components are will greatly simplify the decision process.Check out Injury Lawyer-Fasig | Brooks for more info.
Defining The Damage
Such injuries are better characterised as accidents and other events resulting from injury. This injury includes physical harm sustained in most cases, but it can also include emotional anguish and other psychological distress. However the existence of damages is not sufficient in itself to ensure that financial relief can be achieved through litigation.
The injury must occur from a tort in order to have legal action available. Any non-criminal crime against another that can be litigated in court is very literally, a tort. Torts include cases in which one person fails to satisfy legal obligations owed to another. The action typically includes some degree of negligence, while malicious acts may also be involved at times. Four necessary elements must be present to qualify as a tort.
A Duty Must Be There
Each tort stems from a legal obligation as a matter of law. In most jurisdictions, there are universal norms accepted, although some have stricter concepts of duty than others. The basic requirement that any owner of a restaurant ensure that his clients have clear paths on which to walk without fear of tripping or falling will be a simple example of this form of duty.