Almost every injury case revolves around one major legal concept, and that is negligence. In brief, negligence means that someone was at fault for the accident that caused your injury. It means that their actions were completely counter to the way a reasonable person would act, a benchmark called the “reasonable person standard.”
In order to prove negligence, you have to demonstrate three factors in court.
First, you must show that the other party acted in a completely unreasonable and irresponsible manner.
Second, you must demonstrate that it was this failure to behave responsibly and reasonably which led to the accident.
Finally, you have to be able to show that you were injured as a result of this accident, either directly or proximately.
The real trick in proving negligence is that it’s rare for the other side to admit to their culpability, so you often will have to fight to prove your case. In some situations, such as with trucking accidents or product liability, there may be multiple parties involved, from the person who actually caused the accident, to parts manufacturers, to shipping companies and more.
In other cases, you’ll be dealing with those who have a vested interest in not being seen as responsible. Doctors, for example, can have their license threatened when they face malpractice claims. In all cases, the insurance company is going to fight tooth and nail to get out of paying your claim.