An injured party is referred to as the plaintiff. The Plaintiff has the burden of proof. This means, you will have to establish the legally required facts in your case, or you will not be entitled to any recovery. Each case can be thought of has having three main areas in order to be successful: liability, causation, and damages. Only a competent personal injury attorney can accurately help you evaluate the likelihood that you have a case and can assist you in reaching a decision as to whether you want to pursue a claim. In order to have a case, there must be a third party who is liable to you. This depends in on the facts and what type of claim you are bringing. Usually, if there is a liable person in a personal injury case, they will have committed a negligent action which caused your injuries. In order to prevail on a claim of negligence, the facts must clearly demonstrate: (1) negligence or failure to meet the standard of care; and (2) that the negligence caused you harm or injury. However, having confidence that liability can likely be established is only part of the picture.
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