ANNOUNCER: I’m with Lucy Lee from Cohen Highley Lawyers. What criteria must someone prove to win a personal injury lawsuit?
LUCY: There are four elements. First is whether the alleged wrongdoer owes a duty of care to the injured person, generally in car accidents, medical malpractice and product liability cases that can be easily established.
ANNOUNCER: Second?
LUCY: Did the alleged wrongdoer do something wrong or breach their duties, such as failing to stop at a red light, cutting off the wrong limb, et cetera?
ANNOUNCER: Third?
LUCY: Causation, did the error cause an injury damage?
ANNOUNCER: And fourth?
LUCY: What are the injuries? Injured parties can claim for things such as pain and suffering, loss of income, loss of competitive advantage, out of pocket expenses and future care costs, etc. For pain and suffering, the test is objective and subjective. For example, for many people, a sprained toe would affect balance but not function significantly. However, for a ballerina, the impact could be severe.
