How can I prove liability in a catastrophic injury case?

In Indiana, there are several steps to prove liability in a catastrophic injury case. The first step is to prove that the defendant had a duty of care to the plaintiff. This requires showing that the defendant had a legal responsibility to keep the plaintiff safe from harm. Next, the plaintiff must prove that the defendant breached their duty of care. This means that the defendant failed to act as a reasonable and prudent person would act. The court will compare the defendant’s actions to the actions of a hypothetical reasonable person in the same situation and determine whether the defendant acted appropriately. The third step is to prove that the plaintiff suffered an injury that was caused by the defendant’s breach of duty. This requires showing that the injury would not have occurred if the defendant had acted as a reasonable person. For example, if a driver runs a red light and causes a car accident that results in catastrophic injuries, the court can conclude that the defendant was liable because the accident would not have occurred if the defendant had followed the traffic laws and stopped at the red light. Finally, the plaintiff must prove that the injury caused financial damages. This requires providing evidence of medical bills, lost wages, and other economic losses that resulted from the injury. These four steps form the basis of the legal process for proving liability in a catastrophic injury case in Indiana.

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