While some personal injury claims stem from intentional acts, such as assault or child abuse, the vast majority of these types of accidents result from negligence, which involves a failure to behave in a manner that a reasonable person would in a given set of circumstances to prevent injury to others.
You and your attorney will prove negligence by establishing:
The at-fault party owed you a duty of care.
The at-fault party breached the duty of care, meaning the at-fault party took actions that were contrary to what a reasonable person would do to prevent harm to others.
The breach resulted in the accident that caused you injury and associated expenses and impacts.