Being injured as a result of an accident caused by another person’s fault can be very daunting, especially if you don’t have another source of income. The biggest question that you’re likely to ask yourself is who will be pay for the wages you lost because you’re too hurt to work. In such as a situation, it’s recommended that you seek help from reputable personal injury lawyers who will initiate a personal injury claim process that will help you get compensations for lost wages and cover your medical bills expenses. However, it’s critical that you understand the elements of negligence involved in pursuing a personal injury case.
What are the elements of negligence?
In general, negligence actions that lead to an accident that causes injuries to another person amounts to liability for personal injury. The three elements of negligence that makes a negligent person liable for the losses caused in a personal injury case include:
Duty of care- this is a requirement that any individual required to take up the responsibility of acting in a particular manner should do so. For example, a driver is supposed to concentrate on driving a vehicle and pay attention while driving.
Breaching that duty- occurs when an individual fails to act as expected or in a reasonable manner. For example, if a driver starts applying makeup while driving, she is deemed to be breaching the duty of driving responsibly.
Proximate cause- personal injury attorneys know how to establish breach of responsibility in personal injury cases by arguing that the accident happened due to the proximate cause of breaching duty. For example, hitting another vehicle in a rear-end accident while applying makeup can be considered to be an accident that was proximately caused by the negligent driver.
If the personal injury lawyer demonstrates these three elements of negligence in the pursuit of your personal injury case, it can be concluded that the negligence caused your losses. Being unable to work or continue with your day-to-day activities that earn you an income is a foreseeable type of loss. Hence, the negligent person or his insurance company is supposed to compensate you for lost wages.
Future Lost Income
Once you’ve been injured, there is a possibility that you’ll never be able to work again as you used to in the foreseeable future. You may never be able to return to your job due to someone else’s negligence. In a personal injury case, you’re not only entitled to the lost wages but also for the reasonable income that you may have earned in the future if the accident hadn’t occurred.
The same legal theories used for lost wages are applied in arguing the claim amount that you deserve as compensation for future lost income. Therefore, any settlement that you agree upon with the defendant should be inclusive of compensation for these future lost earnings. Since any settlement binds you to a conclusive closure of the personal injury case, you should include the aspect of future lost income during the negotiations because you can’t come back at a later date to file for other claims.
Being able to determine how injuries can ruin your potential future income can be tricky. It’s advisable to seek an expert’s input on your potential to earn and grow your income in the future so that you can evaluate and assess your full potential extensively. personal injury attorneys have access to these types of experts who can analyze your current earnings professionally and give you an expert opinion by providing testimonials and documentation that can support your claim for future lost income.
Retaining a personal injury attorney
Retaining a well-trained and skilled personal injury attorney is the best approach for filing claims for compensation in a personal injury case. Established personal injury attorneys offer free consultation services to their potential clients. Furthermore, you’ll be charged on a contingency basis, which means that you’ll only pay for the legal fees after the settlement. To avoid expensive litigation costs that come with court trials, the personal injury lawyer will put up a well-prepared personal injury case against the defendant and compel him or her to settle without involving the courts.
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