A personal injury cause of action is a legal term referring to a set of facts that entitle you to pursue financial compensation for your injury-related losses. It is a legal action, usually brought under negligence, where the remedy involves getting the defendant or their insurance company to pay for your losses. This article delves into the cause of action and the role it plays in your case.
Because no two personal injury cases are the same, you should never leave your personal injury claim to chance. Contact ElDabe Ritter to discuss your rights with our Los Angeles Personal Injury Attorneys.
Claim Vs. Cause of Action
In legalese, action refers to a lawsuit, meaning cause of action is a set of facts that are used as the basis for a lawsuit. In other words, it is the legal ground on which you are bringing your lawsuit. Some personal injury cases involve several causes of action, all of which will be factored into the case. You cannot take legal action against a defendant without a cause of action.
A claim, on the other hand, is the section of a lawsuit where you list the damages you wish to recover from the defendant. This is where you state the compensation you would like to receive in terms of medical bills, lost income, and pain and suffering among other losses.
In a nutshell, the cause of action is what supports your claim, while your claim is what your compensation is based on.
Common Causes of Action
If you get injured due to another person’s recklessness, negligence, or intentional actions, you may have a cause of action. Most personal injury cases are brought against the legal theory of negligence. This is partly because the law only requires you to prove negligence to receive compensation.
Some of the most common causes of action that use negligence as a basis include:
- Medical malpractice against a doctor, pharmacist, nurse, or other medical practitioners
- Motor vehicle accidents against the driver, a mechanic, car manufacturer, or government agency
- Slip and falls against the property owner, tenant, or manager
- Workplace injuries against the employer or a third-party
- Dog bites against the dog owner
- Defective products against the manufacturer, designer, or retailer
Proving a Personal Injury Cause of Action
Sustaining a physical injury is not enough basis to establish your cause of action or file a lawsuit. Besides establishing injury, you must also convince the court that you came to harm due to the defendant’s actions or inactions. This may include establishing the following elements of negligence:
- The defendant owed you a duty of care
- They violated that duty
- This violation caused your injuries
- Your injuries resulted in measurable damages
Talk to a Los Angeles Personal Injury Attorney
Your personal injury cause of action establishes and supports your case. Without it, you may not have a case to file let alone a settlement to recover. If you cannot establish one on your own, you should discuss your case with a professional lawyer.
At ElDabe Ritter Law Firm, we believe in providing the best results. If you have been injured in an accident caused by another person’s negligence, we are ready to help. Contact us today at 888-544-1438 to schedule a consultation with one of our experienced Los Angeles Personal Injury Attorneys.