To establish that another party is liable for your injuries, you must prove the following: Duty – show that the at-fault party owed you a duty of care. A duty of care is a legal duty that refers to how a reasonable person would act in the same situation to prevent harm. Breach – the at-fault party breached the duty of care owed to you. For example, a motorist texting when driving instead of focusing on the road is a breach. Causation – show that the at-fault party’s negligence was the cause of your injuries. Damages – as the plaintiff, you have to show that the resulting injuries caused damages in your life, for example, medical bills, pain and suffering, and lost wages.