人身伤害案件的构成要件

人身伤害案件的构成要件

Personal injury lawsuits are a type of civil legal action victims can bring after they have suffered harm and losses due to the negligence of others. 当成功, a personal injury case can hold at-fault parties accountable for their 粗心的ness and allow victims to secure financial compensation for their damages – including their past and future medical expenses, 失去了工作收入, 痛苦和苦难. Because these cases involve complex issues of law and liability, which can be made increasingly difficult when defendants or the insurance companies handling their claims fight to pay as little as possible, working with experienced attorneys is critical.

碧仁法律集团, our 洛杉矶 personal injury lawyers focus our practice on protecting the rights of injured victims. 在过去40多年里, we have handled cases involving a range of accidents, Injuries, and issues – from 车祸 and trucking wrecks to defective products that cause consumers harm. Although every case is unique – and the strategies we have used to help our clients succeed different – there are some general elements inherent to all personal injury cases. 这些包括:

  • 被告对受害者负有法律义务 -任何有价值的人身伤害索赔, the defendant alleged to have harmed another must have owed a legal duty to the victim. For example, at-fault drivers can be held liable for Injuries they cause in 车祸 because all motorists have a legal obligation to safely operate their vehicles. Medical professionals also have a legal duty to treat patients in accordance to accepted standards of medicine, provided there exists a doctor-patient relationship – you can’t hold a doctor accountable when you follow advice you overheard them giving to another patient.
  • 法律义务被违反了 -如果有法律义务, victims have the ability to hold at-fault parties accountable for failing to uphold that duty. 然而, they must show – through a presentation of evidence and arguments – how a defendant failed to uphold their legal obligations (or “breached” their duty). A breach of duty can exist in many different ways, 这取决于所涉及的情况, but generally arises from negligence (in most cases) or willful acts of wrongdoing. A motorist who drives under the influence and causes a 酒后驾车事故, 例如, can be said to have breached their legal duty because any responsible individual knows alcohol impairs their ability to safely operate a motor vehicle, and substantially increases the risk of a crash.
  • 因果关系 – Proving that a legal duty existed between a defendant and a victim and illustrating how it was breached is only part of a successful personal injury claim. 为了获胜, victims and their attorneys must demonstrate causation, meaning they must show a defendant’s negligent, 粗心的, 或不当行为 很可能 造成了他们的事故和伤害. “很有可能,或通过证据的优势, is the legal burden in civil lawsuits – and it is the burden that falls upon the victim (plaintiff) in personal injury cases. Proving causation may be as straightforward as proving that a driver was intoxicated by alcohol at the time of a crash (and / or that they violated a traffic law), or be a challenging matter that requires meticulous investigation, 事故重建, and diligent legal work – especially when defendants raise disputes.
  • 受害者的赔偿 – There is simply no personal injury case if victims did not suffer actual damages. If a victim would have been injured in a vehicle collision that was narrowly avoided, 例如, they can’t sue the at-fault driver for financial compensation. For any case to be valid, victims must have suffered damages in some way. 通常, these damages relate to their physical Injuries, which can create considerable pain and suffering and mental anguish, as well as financial losses caused by having to pay for medical treatment or losing income as a result of missing work. Accounting for the full scope of a victim’s damages is critical to recovering the full amount of compensation they need and deserve.

With more than half a billion dollars in compensation recovered for clients, our legal team at Biren法律团体 has shown that we have the experience, 资源, and commitment needed to make the difference for victims and families when it matters most. By placing your trust in our award-winning lawyers, you can gain the support of advocates who focus exclusively on cases involving personal injury and battles with insurance companies, and who have gained the insight needed to handle all types of accidents and Injuries.

分享你可能的人身伤害案例, 了解更多关于你的权利, and discuss how our firm can handle the legal issues of proving all essential elements of a successful claim, 十大电子游艺平台首选 免费咨询.

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