Most people in North Dakota probably never envision themselves going to court, and the reality is that most don’t ever have to do so. However, if you have suffered an injury that you believe was caused by another party, a personal injury claim could become a real possibility. If you choose to go that route, how do you prove the claim?
Proving your case
The process for proving a personal injury claim will be different for every plaintiff because, quite simply, the facts of any given case are unique. However, there are certain legal “elements” that must be satisfied to prove a personal injury claim. The first part of the case is to show that there was a “breach” of the “duty of care” between the parties. For example, if you were injured in a car accident because the defendant was using his cellphone while driving—a distracted driving case—that duty of care was breached by the defendant because he was not paying full attention to the task of driving. Typically, the breach of the duty of care is considered to be a reckless or negligent act or omission by the defendant.
From there, the plaintiff must show that the breach of the duty of care actually caused the injuries in question. If, for example, the injuries that the plaintiff is claiming arose from the accident actually were, in fact, from a prior incident, the claim might fail.
Lastly, in every personal injury case the plaintiff must prove the “damages.” Often, this plainly comes down to medical expenses and lost wages from missed time at work, but other costs may be part of the damages calculations as well.