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Home  >  Articles  >  3 Requirements of an Injury Lawsuit

3 Requirements of an Injury Lawsuit

When a person sustains an injury because of another party’s negligence, the injured person may want to consider legal action. If successful, this legal action can lead to the awarding of financial compensation for damages related to the injuries. This compensation can help pay for the high costs of medical treatment and the income lost due to time away from work. However, there are some basic facts that must be demonstrated for a case to proceed, which are commonly known as the elements of a tort.

If you have been hurt due to the negligent or reckless actions of another, our experienced lawyers may be able to help you. For more information regarding your legal options, contact the New Jersey injury attorneys of Levinson Axelrod, P.A., by calling 800-346-5529.

Laying the Groundwork

The details of a particular case are going to vary according to the nature of the alleged injury and the circumstances under which it was sustained. However, the following elements must be present in every claim in order for there to be grounds for a lawsuit.

#1: A Defendant’s Duty

A defendant, being the person or company who is being sued, must have some sort of duty expected of them for the claimant to pursue a lawsuit. In drug liability cases, for example, this duty is as simple as producing a drug that does not have extremely dangerous side effects or disclosing known side effects. If a drug company fails in this duty, they may be subject to litigation.

#2: A Claimant’s Injury

If a claimant is to pursue a lawsuit, they will need to provide proof that they have sustained an injury. The alleged injury can be physical, emotional, or even financial. Regardless of what kind of injury is presented for consideration, the claimant must be able to document the existence of that injury.

#3: Causation

One of the most important facts in any injury case is proving that a defendant’s breach of duty led to a claimant’s injury. If a person can prove this link, they may win compensation from the court as a result.

Contact Us

If you or someone you love has been injured, there may be financial compensation available through a civil lawsuit. To learn more, contact the New Jersey personal injury lawyers of Levinson Axelrod, P.A., at 800-346-5529 today.