What must a plaintiff usually prove to succeed in a personal injury case?

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In a personal injury case, the plaintiff typically must demonstrate that there was a duty of care owed to them, and that this duty was breached by the defendant's actions. Duty of care refers to the legal obligation of individuals to adhere to a standard of reasonable care while performing acts that could foreseeably harm others. When it is established that such a duty existed, the plaintiff also needs to prove that the defendant failed to meet this standard, which constitutes a breach of that duty.

For instance, if a driver is negligent and causes an accident, they have breached their duty of care to other road users. This breach is a critical component, as it connects the defendant's actions to the injuries suffered by the plaintiff. Once the breach of duty is established, the plaintiff can then move on to prove causation, demonstrating that the breach directly led to their injuries.

This foundational principle in personal injury law highlights the importance of duty and breaches in establishing liability and achieving compensation for the injured party.

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