In almost any personal injury claim, there are three main elements to proving that the defendant was negligent and that the plaintiff deserves to be compensated. The first thing that must be established is that the defendant somehow owed the plaintiff a duty to care. Examples of this include one driver’s duty to adhere to traffic laws and drive at a safe speed to protect others from harm or the duty of a doctor to diagnose and treat the patient in a manner that any reasonable medical professional would. Once a duty of care has been established, you will then be required to show that the defendant breached that duty by failing to act in a manner that fulfills the standard of care required of them in that particular situation. Lastly, you will need to show that the breach of duty, also known as negligence, was the direct cause of real and actual injury to you, the plaintiff. In order to be compensated, there must be damages and losses to compensate for. In other words, you will be asked to show that, had the person acted as any reasonable person would have in similar circumstances, your injuries would have been avoided.
