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Useful information about personal injuries (1)

No matter what kind of personal injury you experienced, if traffic accident, work accident, tripping accidents or accidents at home, the questions are “who was at fault” and “what are your damages?”
Before you can expect to successfully pursue a personal injury claim, there must be someone who is responsible for the personal injury, and you must have damages for which you can be compensated.

Just having facts isn’t enough on your side, naturally. The personal injury lawyer (and you, of course) has to prove in court (or convince the insurance company’s attorney) that you will be able to give enough evidence. It follows that the personal injury case is reliant on sufficient police reports, the personal injury attorney’s ability to craft strong discovery documents, and the availability of witnesses and physical evidence from the time the personal injury has had happened. 

Successful to a personal injury claim is the quality and commitment of the attorney. The facts and evidence only have an impact if they are used appropriately by the personal injury attorney. The personal injury lawyer will have to gather the evidence, interview witnesses, negotiate with the insurance company, calculate the damages, and more. An experienced personal injury lawyer will be much more effective, because he has to prove that another party was responsible for the personal injury, and he also has to prove the damages (or he has to convince the insurance company’s attorney that if the case went to trial, he could prove those things).

Proving Liability in a Personal Injury Case
Proving that someone else is responsible for your personal injury means to prove three things. The first element to establish liability is that the other party had a duty, or a responsibility. The most common one is to act as a reasonably prudent person would act under the circumstances. The second element is breach of duty, which means that once your personal injury attorney has established that a duty exists, it is requirement to prove that the duty was breached next. That means that you have to prove that the other party simply did not do his duty. After the breach of duty is established, the claim does not necessarily have to be established yet. Now that you know that the other party did something wrong, you have to prove that this caused the accident or personal injury (proximate cause). 
Once liability is proved by the personal injury attorney, the amount of compensation someone is entitled to receive depends on the damages the personal injury attorney can prove.