How does a plaintiff prove negligence in a personal injury claim?

How does a plaintiff prove negligence in a personal injury claim?

In a personal injury claim, the plaintiff’s proof of negligence should focus on the following four key elements:

  1. Duty of Care: The defendant owed a legal duty of care to the plaintiff.
  2. Breach of Duty: The defendant breached the legal duty of care by acting negligently or failing to act.
  3. Causation: It was the defendant’s actions, or inaction, that actually caused the plaintiff’s injury or loss.
  4. Damages: The plaintiff was harmed or injured, emotionally, mentally, or physically, as a result of the defendant’s actions.

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