In a personal injury case, the burden falls on the plaintiff (injured individual) to show that the defendant (party alleged to be at fault) did wrong or acted negligently.
As if being hurt isn’t hard enough, it will be up to you to not only prove that you suffered an injury, but the strength of your case may also be impacted by other factors such as your medical treatment and how the injury has impacted your life.
There are a few key elements of negligence that resulted in your back injury that must be proven:
Duty
The defendant has a legal responsibility for the plaintiff’s safety (supervisor at work, driver of a vehicle/vessel, etc.).
Breach of duty
The defendant fails to honor a legal responsibility owed to the plaintiff, violating their duty to the plaintiff.
Causation
The defendant’s actions, or lack thereof, were a cause of the plaintiff’s injury.
Damages/Injury
The plaintiff was indeed harmed by the actions of the defendant.