girl talking to officer

What Must I Prove in a Personal Injury Lawsuit?

If you were recently injured in an accident caused by another person’s negligence, carelessness, and/or recklessness, you may be eligible to file a personal injury lawsuit for financial compensation. Personal injury claims are made to recover monetary damages to pay for medical bills, rehabilitation services, lost income, as well as pain and suffering.

In order to file a personal injury lawsuit in Michigan, an injured party (i.e. plaintiff) must prove the following four elements:

  1. Duty of care – First, you must show that the defendant had a duty of care or a legal obligation to ensure the plaintiff is safe. For instance, a driver has a legal responsibility to follow the traffic laws and protect all motorists and pedestrians on the road from harm. In regard to premises liability cases, property owners have a duty of care to ensure the premises is a safe environment for guests and visitors and properly maintain it.
  2. Breach of duty – Second, you must prove the defendant breached their duty of care by breaking the law or failing to act in a manner a reasonable person would in the same situation. In a car accident case, texting while driving, speeding, and failing to yield are examples of such a breach.
  3. Causation – Third, you must show the defendant’s actions—more likely than not—led to the accident and your injuries. This burden of proof is known as the preponderance of evidence.
  4. Damages – Lastly, you must prove monetary damages for the harm caused by the defendant. There are two types of damages: economic and noneconomic. While the former is intended to compensate you for actual financial loses (e.g. medical expenses and lost wages), the latter compensates you for intangible injury (e.g. emotional distress or pain and suffering).

At White Law PLLC, we are committed to helping you obtain the financial compensation and justice you deserve. Our legal team can review your case for free and determine your available legal options to maximize your entitled damages.

For more information about personal injury cases in Okemos, contact us today at (517) 316-1195 and schedule a free consultation.

Categories