No lawyer would promise to deliver successful results based only on your claim. Each case is different, and specific circumstances dictate how a case turns out. However, every successful claim has four common elements. For a successful personal injury claim in Townsville, it is essential your case has these elements.
Duty
This is the first element of a successful claim. When presenting your case, your lawyer must show that the person who caused your injury neglected his duty to you. In a car accident case, the duty may be as simple as driving safely or defensively. However, the exact nature of the duty depends on the circumstances involved
Breach
The person you are suing must be in breach of his duty, one way or another. The defendant may have violated the law, which caused him to renege on his duty. A simple traffic violation could have also caused the accident.
Harm
In its simplest form, personal injury law involves paying due compensation for a person who sustained an injury due to the fault of another. The injury may be physical, emotional, or financial. Your injury attorney must prove that you sustained an injury. The injury must also be significant enough, and you should also try to preserve any evidence that proved it caused you harm.
Connection
Your lawyer must be able to establish that your injury was due to a particular action of the driver to have a successful claim. To cite an example, if you figured in a vehicular crash and suffered physical injuries, you need to show that the other driver was driving beyond the allowed speed limit. Because of this, he lost control of his car and rammed into yours, causing your injuries.
Before filing a claim, let your lawyer check if your case has all these elements. Your lawyer’s analysis of the facts could help you understand if your chances are good. Bear in mind that even if all the elements are present, they mean nothing if you cannot prove that they indeed exist.
