What Is “Cause of Action?”
If you’re struggling with the reality of a personal injury, you know how someone else’s actions can alter your life.
After an injury, you may be unable to work the job that provided for your family. Your medical bills can pile up. Physical limitations can keep you from being the parent or spouse you once were.
To get the compensation you need to get back to being yourself, you must reach a starting point to begin the litigation process.
In a trial, civil or criminal, the cause of action is that starting point.
What Does “Cause of Action” Mean?
Generally, the term “cause of action” is a fact or set of facts that allow a plaintiff to seek compensation for damage caused by the defendant.
The cause of action is the starting point for any case. Whenever you take your case to court, the cause of action is the basis of your claim.
What Is the “Cause of Action” in a Personal Injury Case?
The cause of action in a personal injury case is the idea that negligence caused the injury of another party.
But, how do you prove negligence?
You have to prove that the defendant had a duty of care, which is an obligation to act reasonably in a specific situation, and that they breached their duty causing your injury.
Keep reading to see how you would prove a cause of action in several scenarios.
What Is “Cause of Action” in an Auto Accident?
You can prove the cause of action in an auto accident by setting up the defendant’s duty of care while driving. They had a level of care to follow the laws of the road that they needed to reach whenever they were driving.
When someone doesn’t fulfill their duty of care, breaks the law and injures you, this breach is the cause of action.
What Is “Cause of Action” in Premises Liability?
A property owner or manager is responsible for keeping their premises safe for guests.
When they ignore potential safety hazards that cause the injury of another person, they are breaching their duty of care to keep their premises as safe as possible.
A slip-and-fall case is a prime example of this breach. If an employee, manager or property owner is aware of a slipping hazard and does nothing to eliminate the hazard or warn guests and patrons, they aren’t showing a proper duty of care.
Contact Tolbert Beadle: When You Need Justice
If you’ve been injured due to someone else’s negligence, you shouldn’t have to carry the financial burdens of lost wages, medical care and daily living expenses alone. Get personal injury law experts who can build a winning case for you.
Contact Tolbert Beadle law firm today. You can visit our contact page, call us toll-free or start a chat with us in the lower right corner. It won’t cost you anything to see how we can help.
Don’t delay; getting the ball rolling on your case as soon as possible is critical to success.