FAQ: What Are the Elements of a Personal Injury Claim?

Every auto accident is different, but the key elements that we seek to prove to develop a successful personal injury claim are the same in every case. Here’s a breakdown of these elements:

  • Fault

    According to Mike Wyatt, a partner here at Mann, Wyatt & Tanksley, the first thing that we have to establish is the fault of the negligent driver or drivers. Here we will work to prove that another driver fully or in-part negligently caused the accident. This can be either through the driver’s affirmative negligent act, or his or her failure to take an appropriate action (an omission).

  • Damages and Causation

    We also seek to establish our client’s legal damages (the financial losses he or she has suffered) are caused by the auto accident. There are two categories of damages:

    Economic damages include past and future medical expenses, as well as past and future wages lost due to missing work.

    Non-economic damages include pain, suffering, disability, and mental anguish related to the accident. We call these the human damages caused by the loss of quality of life and disability in performing activities of daily living. While no amount of money will make up for a loss of quality of life, the law allows a monetary value to best attempt to make up for these human damages.

    Do You Need to File a Car Accident Claim?

    If you have been injured in a car accident, we encourage you to contact Mann, Wyatt & Tanksley for a free consultation. Our team of attorneys has more than 50 years of trial and litigation experience, practicing specifically in the areas of personal injury and car accidents.

    The Mann, Wyatt & Tanksley Midwest Personal Injury Firm works on contingency fees, which means there are no upfront costs or hourly fees, so you have nothing to lose and everything to gain!

    Request a free consultation with our team of personal injury attorneys or contact us directly at (877) 768-2400. We look forward to speaking with you!

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    Our law firm was founded in 1999 by attorney Scott Mann. With more than 50 combined years of trial and litigation experience, we are one of the Midwest’s most qualified firms practicing exclusively in personal injury, including car accidents, truck accidents, wrongful death, and workers’ compensation.