Personal injury attorney Rick Jaklitsch has received an AV Preeminent rating from Martindale-Hubbell for more than 25 years. Throughout his career as an attorney, Rick Jaklitsch has helped thousands of people in cases from million-dollar-plus payouts to as little as $23 in unpaid personal injury protection.
In a personal injury case, it’s often the duty of the plaintiff to prove negligence as it is understood in legal terms. This starts with showing that the defendant had a duty of care, or obligation, to avoid injuring someone placed in the plaintiff’s position.
Once that’s established, it’s necessary to show that the duty of care was breached in some way. It’s one thing to show that someone has an obligation - it must then be shown the duty was not met.
Last, the plaintiff has to prove causation. That is to say, beyond showing that there was a duty and the duty was not met, it must be proven that negligence was the proximate cause of the plaintiff’s injuries. This is the general way that many personal injury cases proceed, but it’s not the only way, and it ultimately depends on the specifics of a case and the strategy of the attorney.
In a personal injury case, it’s often the duty of the plaintiff to prove negligence as it is understood in legal terms. This starts with showing that the defendant had a duty of care, or obligation, to avoid injuring someone placed in the plaintiff’s position.
Once that’s established, it’s necessary to show that the duty of care was breached in some way. It’s one thing to show that someone has an obligation - it must then be shown the duty was not met.
Last, the plaintiff has to prove causation. That is to say, beyond showing that there was a duty and the duty was not met, it must be proven that negligence was the proximate cause of the plaintiff’s injuries. This is the general way that many personal injury cases proceed, but it’s not the only way, and it ultimately depends on the specifics of a case and the strategy of the attorney.
