In personal injury claims, what must the injured party typically show?

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In personal injury claims, the injured party must typically demonstrate that the other party had a duty of care. This concept means that the person being accused of causing harm had a legal obligation to act in a way that avoids causing injury to others. For example, in a car accident case, drivers have a duty to follow traffic laws and drive safely, thereby protecting others on the road. If the injured party can successfully show that this duty existed and was breached by the other party, they can establish a basis for their claim.

The establishment of duty of care is a foundational principle in tort law, as it links the actions of the defendant to the harm suffered by the plaintiff. This relationship is crucial in determining liability. Therefore, proving the existence of a duty of care enables the injured party to pursue compensation for their injuries and any related damages.

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