Personal injury claims fall under negligence. For one to prove a personal injury claim, they must prove that all the elements of negligence are present.
One must prove that the defendant owed him a duty of care. Generally, anyone driving on a road owes a duty of care to everyone else using that same road. This elements is governed by the neighbour principle. You owe a duty of care to anyone who would be described as a neighbour. A neighbour is any person who is closely affected by your actions that you ought to have them in contemplation when directing your mind to any acts.
One must prove that the defendant breached this duty of care. If the defendant did anything which a reasonable person would tell would be dangerous of harmful or likely to cause harm to you, that is enough to show he breached a duty of care. For example, veering or allowing the vehicle to veer off the road to the wrong side of the road, failing to steer his motor vehicle in the proper cause,driving on the wrong side of the road without any or due regard for the lives of the occupants of oncoming vehicles, or failing to brake timeously in order to avoid an accident.
In addition to showing that the defendant owed a duty of care which he breached, it is important for the defendant to show that he suffered actual damage. This could be an injury to his body. The way to prove this is using medical reports. The medical report will prove how the injury you suffered was directly caused by the said accident. If the injuries render you incapable of continuing with your job, you may also plead loss of future earnings. Generally, any loss directly related with the accident will fall under damage suffered.
You must prove that the injuries suffered were as a result of the accident. Even if the negligence or failure to take reasonable care was not the sole cause of the injury, it is important to show that the accident contributed to it.
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