Pittsburg Personal Injury Lawyer

In a personal injury case, all four elements of negligence must be present for a plaintiff to receive compensation for damages. They are duty, breach of duty, causation, and actual damages.

Duty

A defendant has an obligation or legal duty to care for the safety and well-being of another person. In a personal injury case, the defendant must have been responsible in some form for the injuries sustained by the plaintiff. Duty is often self-evident in personal injury cases. Drivers have a duty of care to others on the road. Doctors have a duty of care to their patients. Businesses have a duty of care to their customers. But there are other cases where duty can be more of a gray area. 

Breach

The defendant's actions or lack thereof caused a breach of their duty to provide reasonable care for the victim. This breach is what ultimately led to the harm suffered by the plaintiff. Breach of duty is often one of the most strongly contested areas of a personal injury lawsuit. The reason is that breach hinges on whether or not the defendant acted with reasonable care in the situation that led to the accident. Reasonableness is an intangible standard that people will define differently. Having an experienced Pittsburg personal injury attorney who knows how to litigate a case, can be a valuable asset in shaping the understanding of what the defendant should have done. 

Causation

The court must determine that there is linkage between the defendant's breach of duty and the injuries the plaintiff suffered. The way a defendant’s insurance company might contest causation is by seeking to show that pre-existing medical conditions are the real cause of injury. To prove causation, evidence may include medical documents providing diagnosis, treatment records, and expert witness testimony to elaborate on complex medical issues. 

Damages

Lastly, there must be proof that actual damages were incurred due to the injury/injuries as a direct consequence of the defendants breach of duty. These damages can include medical costs, lost wages, and property damage among other things. A Pittsburg personal injury lawyer can demonstrate these through the bills, invoices, W-2 forms, and tax returns. 

The above damages are ones that can be directly documented. There’s also the matter of the injured plaintiff’s pain and suffering. This is a form of non-economic damage that accounts for physical or psychological trauma. Pain and suffering may refer to physical pain, fatigue, mental anguish, depression, and anxiety, among other forms of emotional distress. To put a dollar value on these sufferings, evidence may be introduced that includes testimony from those close to the injured plaintiff, including mental health professionals. 

At the Law Office of Conrad J. Kuyawa, we’ve built a track record of success in personal injury cases, recovering millions of dollars for clients going back to 2014. We understand the law and know how to get you a fair settlement. 

If you or someone you love has been injured, call our office at (925) 230-0515 or fill out our online contact form to set up a consultation.