When it comes to a personal injury case, the burden of proof rests with the injured party, who must establish that their injury was sustained as a direct result of another party’s negligence. Whether your injury occurred in the workplace, in a public facility, or behind the wheel of a car, it is only viable as a personal injury case if the circumstances surrounding the event was caused by someone else’s wrongdoing. In order to navigate the system, the injured party will engage the services of a personal injury attorney who will gather the evidence surrounding the injury and build a case that may very well end up in court. It is incumbent upon the personal injury attorney working for the plaintiff to do their very best to prove liability on the part of the defendant.

Proving liability is clearly the crux of the plaintiff’s case, and most certainly the most challenging part for any attorney. But a personal injury attorney is experienced in gathering the evidence that will help prove liability. In order to prove such liability, however, the personal injury attorney must prove very specific things.

First and foremost, it must be proven that there was a duty incumbent upon the other party. For instance, if you slip and fall in a store because you stumbled upon damaged flooring, you must prove that there was a duty upon the store owner to repair the flooring on his premises. Once your personal injury attorney can establish that such a duty was present, it must be proven that the other party failed to perform this duty. Finally, it must be firmly established that the failure to perform this duty was responsible for the plaintiff’s injury.

A personal injury attorney will ask for damages to be awarded to the injured party; financial restitution that will cover medical expenses, lost wages, damaged property, and even pain and suffering. This is equally challenging for the attorney who will have to show a direct connection between the sustained injury and subsequent events, such as ongoing therapy, pain medication, and the like.