To succeed in court when seeking damages for a personal injury, a plaintiff must prove five things that have become the standard elements of this sort of civil claim. Generally, the standard of proof is by the preponderance of the evidence, which is considered to be significantly lower than the “beyond a reasonable doubt” standard used in criminal cases.
Cause is a major question in personal injury law. In fact, two of the five elements relate to cause. One of them is called “cause in fact,” while the other is known as “proximate cause.” They are related, but different elements that must be discussed separately.