On a daily basis, people are injured, sometimes due to their own fault or often due to the negligence of another. But, just because one believes that the other party is at fault, the burden remains on the Plaintiff to establish certain elements in order to prevail in a personal injury action.
These elements include: duty, breach of duty, causation and damages. These same elements are applied to the auto accident/trucking accident case, slip and fall, nursing home negligence, medical malpractice, wrongful death, products liability, defective drugs, etc.
First, the Plaintiff must establish by law that the Defendant had a “duty” to prevent the harm suffered by the Plaintiff. If, for example, the injury is related to an auto accident, the “Rules of the Road” may establish that duty, for example, failure to yield while turning left, following too closely, etc.