Personal injury cases stem from a person being injured because of another person’s negligent conduct. Injury can occur from a car accident, a product malfunctioning, or a medical procedure gone wrong. The very foundation of personal injury cases is establishing someone’s responsibility for another’s physical injuries.
The first thing to establish in these cases is that the defendant had the duty to exercise care to prevent people from being injured. A doctor is required to care for his or her patient; a driver is required to take care of his passengers and other motorists on the road.
The second thing a personal injury lawyer needs to prove is that the defendant, by his or her actions, has actively violated this duty to exercise care. For a medical practitioner, this can happen when the doctor is found negligent in his (or her) treatment of his patients. The breach of duty is proven when a lawyer can show how someone in the same position, or in equivalent professional standing would testify that he would have acted differently under the same circumstances.
The third thing to establish is how the actions of the defendant had in fact caused the event that led to someone being injured. Linking cause and effect to the defendant to show how he or she was responsible would make a stronger case where the injured can claim for compensation.