Accidents are prone to happen all the time. In some cases, accidents can go a bit too far and the victim can suffer some serious injuries. How does the victim proceed with a lawsuit? How does he or she recover damages from the opposing party? It is important to know what makes up a strong personal injury lawsuit and what measures can be taken to recover damages from the plaintiff.
Elements
The basic elements that make up a good PI case must consist of having the following: liability, damages and collectability. In any legal case, the plaintiff must be able to prove every single one of these elements and if any of them are missing, then it is likely that the plaintiff will not be successful in his or her suit.
Liability
A plaintiff is liable when he or she has committed an action that, by law, is considered as wrong. In a lawsuit, this is the most difficult element to prove and it usually consists of the most important element in a PI claim.
Damages
Without damages, there can be no personal injury claim. The defendant must prove that he or she has suffered a bodily injury, emotional or psychological distress or some material alteration to a certain personal item belonging to them or that was in their possession at the time of the incident.
Collectability
The defendant must be able to prove that he or she has suffered damages provoked by the plaintiff. The plaintiff has the right of proving the burden of collectability, which means that the defendant must be able to prove what kind of damages he or she can recover from the incident that caused the injury.
Understanding the basic elements that make up a good PI lawsuit can help a victim create a strong case against the plaintiff.