To have a legal claim, three elements must generally be present: (1) someone else was at fault for what happened through negligence or wrongdoing, (2) the incident could have been avoided without their negligence, and (3) damages resulted from the incident. Damages can include economic costs like medical bills or lost wages, as well as non-economic damages like pain and suffering. It is also important to consider whether the liable party or their insurance has the means to provide compensation for the damages.

1. THE AULT FIRM
Almost every legal claim can be summed up
by the presence of these three basic
elements. Ask yourself if you have a legal
claim by considering the following.
Basically is someone else at fault for
what happened to you? This could be a
doctor who did not meet their
professional standard of care, or a
driver who was at fault for an accident.
Would the incident been avoided had
their negligence not happened?
There has to be damages in order to
obtain compensation. These of course
can be general damages, which are
typically non-economic such as pain and
suffering. Or special damages such as
medical bills, property damage, or lost
earning capacity.
LIABILITY OR NEGLIGENCE
DAMAGES CAUSED
F1
DO I HAVE A
LEGAL
CLAIM?
Where are you going to get your money?
In some cases this can be apparent,
such as the insurance company of the
negligent party. Other times it can be
difficult to find the correct party to
bring a suit against. It is important to
consider a source that actually has the
means to provide that compensation.
Disclaimer: This is in no way meant to provide official legal
advice. This is simply meant as a quick reference to help
those involved in an accident or personal injury tort know the
basic factors involved in determining what constitutes a legal
claim. If you have further questions contact your local
attorney or law firm for legal advice.
The Ault Firm
phone: (801) 539-9000 • fax: (801) 207-1056
8817 S. Redwood Road, Ste. A
Salt Lake City, UT 84088
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