Elements Needed For a Lawsuit in Los Angeles

Often, the necessary elements for a strong legal case vary according to the type of case it is. For example, breach of contract may be a necessary element in business litigation but not in a personal injury case. Here are some examples of the elements necessary in various types of lawsuits.

Damages

It is often necessary to demonstrate that some kind of harm was done to a party whether physical, monetary or damage to property. If another party was negligent but no harm was actually done to the other party, then a successful case is unlikely.

Negligence

In cases involving various types of personal injury or property damage, negligence generally must be present. This means it must be evident by a standard of reasonable behavior that a person or entity that had a certain duty of care failed in that duty.

For instance, a medical professional may do everything possible to save a patient, but the patient still might not survive. However, in a case of negligence, the medical professional might have failed to monitor vital signs or overlook an obvious symptom that ultimately caused the patient’s demise.

Protected Classes

In cases that involve discrimination, a person often must belong to a protected class. While federal law names a number of protected classes, including race, religion and national origin, the state of California offers even broader protections.