Upton Law Firm helps individuals who have suffered a personal injury from the wrongdoing of others.
In most personal injury cases, the injury to the plaintiff occurs through the defendant’s negligence. Negligence is a type of tort where another person fails to do what a “reasonable person” would do to protect another from harm. In every negligence personal injury case, the elements of duty of care, breach of duty, causation, and damages must be shown.
Duty of care is premised on the idea that individuals are obliged to each other to foresee and prevent harm.
Breach of duty occurs when an individual exposes another to substantial risk of injury or other harm. However, if the risk is not reasonably foreseeable, then the personal injury and damage would not be construed as negligent.
Causation refers to the proof required to show that a particular act or omission by the defendant caused loss or damage to the victim.
The harm also has to result in a loss. The goal of damages is to restore the position she or he would have been in had the harm not occurred. In certain circumstances, our personal injury lawyers will seek punitive damages as a punishment for egregious conduct.
Upton Law Firm has extensive experience ligating a variety of personal injury cases. The firm can help you receive fair compensation for damages for the harm done to you by someone else. If you or a loved one has been the victim of someone else’s wrongdoing, Upton Law Firm can help. For a free case review, call 877-675-7987 or complete this form.