Missoula Personal Injury Lawyer

What Are the Elements of a Personal Injury Case?

If you’re involved in an accident, does that automatically mean you can file a personal injury lawsuit? Not always. Like most legal processes, you need to establish a few elements and, with personal injury cases, there needs to be clear evidence.

Duty of Care

This legal standard applies to certain situations where an individual has the potential to cause harm to others. This standard of behavior requires individuals to act with reasonable care. With personal injury lawsuits, you may bring a lawsuit against someone who had a duty of care to you and breached that duty, resulting in your injuries.

For example, a driver on the road has a duty of care to other drivers, passengers, and pedestrians. With that, the driver must safely operate their vehicle. If the driver fails to do so and causes an accident, they may be liable for the damages.

Breach of Duty

Once you have established a duty of care, you must then establish that those duties were breached. In other words, the person or entity breaches these responsibilities through action (or inaction). Breach of duty can be due to negligence, recklessness, or intentional acts.

For instance, if a driver runs a red light and causes an accident, they have breached their duty of care. In that example, the individual responsible failed to meet the expected standard of care that a reasonable person in their position would have provided.

If a breach of duty occurs and harms another person, the individual who breached their duty of care may be held liable for damages, such as medical expenses, lost wages, pain and suffering, and other losses resulting from that breach.

Causation

Causation is one of the most important elements, requiring a direct link between the defendant’s actions and your injuries. In short, you must show that you would not have been injured if the defendant had not breached their duty.

To establish causation, you must provide evidence demonstrating that the defendant’s breach of duty caused your injuries. For example, if you slipped and fell on a wet floor in a grocery store, you would need to show that the store’s failure to mop the floor caused you to slip and fall.

Establishing causation can be challenging, which is why you need a Missoula personal injury lawyer to handle your case. They can help collect medical records, interview witnesses, and analyze other evidence to prove that the defendant’s breach of duty directly caused your injuries.

Damages

Damages are the actual harm or loss a person has suffered due to someone else’s actions. They can be physical, emotional, financial, or any other type that can be quantified in monetary terms.

For example, if you are injured in a car accident due to someone else’s negligence and incur hefty medical expenses, lost time from work, and emotional trauma from the incident.

In that case, you could seek compensation for these damages, covering medical expenses, lost wages, pain and suffering, and other losses.

Proving these elements can be difficult. For this reason, you want a Missoula personal injury lawyer to be your legal advocate. These professionals can help gather evidence, navigate legal proceedings, and champion your rights to make sure you receive the compensation you deserve.

Personal Injury Cases in Missoula

From car accidents to medical malpractice, personal injury claims come in all sizes throughout this Montana city. Some of the most common ones include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Traumatic brain injuries
• Medical malpractice
• Birth injuries
• Nursing home abuse
• Product liability
• Premises liability
• Workplace injuries
• Wrongful death

Any one of these accidents can lead to significant medical bills, lost income, and both physical and mental pain. If another person or entity was responsible for your injuries, you have the legal right to recoup your losses and damages.

However, you don’t have much time. According to Montana’s state statutes, you have three years to file a lawsuit.

Why You Need a Missoula Personal Injury Lawyer

If you’ve suffered serious injuries, such as traumatic brain injury, spinal cord injury, or amputation, a lawyer can help you seek the compensation you deserve. Severe injuries often result in substantial medical bills and extended medical treatments. In most cases, these accident victims have no or reduced income to help pay for those bills.

Personal injury claims can be complex, especially when multiple parties may be liable. A Missoula personal injury lawyer can identify all those parties and help you seek compensation from each one.

Additionally, lawyers are experts in negotiation and can maximize your recovery. They can also litigate personal injury cases all the way to a jury verdict if necessary.

If an insurance company refuses to settle a matter in good faith, a lawyer can help you navigate this process. They also have the resources of experts and medical professionals to assist you in building a case and getting treatment for your injuries.

At Western Justice Associates, PLLC, our legal team is here to help you every step of the way. We will analyze your case, allowing you to build a strong legal foundation to seek a settlement and recover compensation for your losses. Schedule a consultation today to talk to one of our Missoula personal injury lawyers.