Accidents happen and injuries result. But not all injuries are compensable under the law. Negligence is a legal concept that courts have invented over time to determine which injuries are compensable and which are not. All legal elements, or parts, of negligence must be met in order to have a cause of action for negligence. In essence, negligence consists of duty, breach, causation and damages. All of these elements are linked.
Evaluating a Personal Injury Case: Elements
A finding of liability is the first step in evaluating a potential personal injury case. Determining who is legally liable can be a complicated process in some cases such as product liability, or a fairly straight-forward one in a simple “fender bender” auto accident.