Under personal injury law, the burden of proving these elements is placed on the person making the claim. If your claim ever makes it all the way to trial, the legal standard by which you must prove your case is by a preponderance of the evidence, which means you must prove (to a judge or jury) that more likely than not, everything you are alleging is true, regarding the cause and extent of your injuries, and the defendant’s liability. In all likelihood, your case won’t make it to trial, let alone to the verdict stage, but in assessing the strength of your case, it helps to think in terms of whether you can successfully meet this burden.
Keep in mind that not every injury case will come down to the question of whether or not the other party was negligent (though most cases will). If your injury was caused by a defective product, a workplace accident, or an intentional act, your claim will follow different rules. For example, if you suffered an injury while on the job, you’ll most likely need to file a workers’ compensation claim. In almost every workplace accident, the injured worker is barred by law from suing his or her employer.