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.
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