At Redkey Gordon, we deal with people who have been injured because of the carelessness or recklessness of another person or persons. But you may be surprised to discover that not every scenario resulted in a personal injury claim. It is important to understand the elements that must apply to this type of case before a personal injury claim can be considered.
Element #1: Duty to Exercise Reasonable Care
Each of us has a duty to behave in a reasonable manner towards one another. The first element which must be fulfilled is about identifying this duty. Some examples of this include:
- Drivers have the duty of operating their vehicle carefully for passengers, other drivers and pedestrians
- Companies have the duty of ensuring that their products are safe for us to use
- Doctors have the duty to treat patients in a medically appropriate manner
Element #2: A Breach of Duty of Care
The next element to fulfill is proving that someone has failed to exercise their duty of care. The duty of care in the above examples have been breached when:
- A reckless or dangerous driver hits a cyclist
- A company manufacturers a defective product which results in injury
- A doctor prescribes the wrong type of medication and the patient becomes ill
Element #3: The Breach Causes Direct Injury
We work with our clients to establish whether or not this breach of care resulted in injury. This breach does not only include individuals – it can include a business, an organization, or another entity.
Element #4: The Breach Results in Monetary Loss
The fourth element is that the breach has resulted in some type of monetary loss. At Redkey Gordon, we help clients gather and maintain documented evidence of their injuries and all related expenses in order to best ensure a fair settlement or court judgment against the entity responsible for their injuries.
Some examples of proof of losses include:
- Medical bills
- A doctor’s diagnosis and prognosis of the injury
- Lost wages
Proving that you have a case can be very simple or it can be intricate and complex. We help you to discover whether you have a valid claim; we obtain all necessary evidence, and hold any and all responsible parties accountable.
Our attorneys welcome your call today at (209) 267-1685 to arrange your free consultation.