When you believe you have been harmed by another driver, a person, or a business, you may be taking them to court. However, not every case is appropriate for filing a lawsuit. You must have a cause of action. To learn more about what this term means for your personal injury case, read on.
A Legal Reason
You might consider the term cause of action to mean a legal reason to pursue a case in court. Civil law provisions are set up to prevent people from taking action when they don't have a good reason to file suit. That keeps the court calendars clear, but it also preserves the integrity of the court. For example, if not for the cause of action requirement, the courts could be filled with people suing others that they did not agree with or that they were upset with.
Breaking Down the Cause of Action Issues
Each type of civil case has its own elements that must be shown to prove a cause of action. If the elements are not met, the judge reviewing upcoming cases could throw the case out when they realize that the cause of action has no merit.
Cause of action issues are very complex. Law students can spend hours learning about the elements that make up a legitimate court action. That is why those who think they have been harmed by another must rely on the expertise of a lawyer. A personal injury lawyer will look at your case and let you know right away whether you have a cause of action. In most cases, missing elements can cause cases to fall short of the requirements.
Cause of Action Elements
When it comes to elements, every case must be positive for all elements to form a good case. Car accident cases can involve negligence, for example, by meeting all three elements for a cause of action to exist.
- The defendant (the other driver) owed the plaintiff (the victim) a duty of care. The other driver was responsible for driving in a safe manner.
- The defendant breached their duty of care. They did not drive safely.
- The breach of the duty of care resulted in harm to the plaintiff. The driver's actions were directly responsible for the other driver's injuries and other damages.
While the above example is simple and easy to understand, some legal situations can be very complicated. Speak to a car accident lawyer and discuss your case.
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