Jonathan Russell An Interview with... Empowering Accident Victims: Insights into Personal Injury Law demonstrate in the same or a similar situation. To be successful in proving a negligence claim, you must show four elements: (1) that a duty existed; (2) that there was a breach of that duty; (3) that damages were sustained; and finally, (4) causation—meaning that it was the breach of the duty that caused the harm. Frequently at trial, we refer to two parts of a negligence claim: Liability and Damages. Liability pertains to the duty and the breach, or what might be considered “fault.” Damages relate to causation and the harm sustained. In some cases, the defendant will acknowledge a particular standard or “rule” that governs the situation and may even stipulate to the fact that the rule was violated. In other cases, experts will be needed to establish the standard of care and then show how the defendant’s conduct fell below that standard. What is Pennsylvania’s modified comparative negligence rule, and how does it affect a client’s chances of recovering damages in personal injury cases? In Pennsylvania, the fact that someone who was injured may also have contributed to their own injury is not What does a personal injury attorney do in negligence cases, and how do they advocate for accident victims? Advocacy is the art of persuasion. As a trial attorney, my job is to find the best way for my clients to tell their stories regarding all of their losses and harms. I don’t represent victims; I represent overcomers. My clients don’t allow their injuries to define them; they want a path forward, and my job is to help them find that way. From the opening of the initial claim through the final verdict, we handle all the stress associated with moving a claim to a successful conclusion. An effective advocate will know the right questions to ask, as well as what evidence is needed in order to succeed. How is fault established in Pennsylvania personal injury cases, and what key evidence is needed to prove negligence? Negligence has been defined as the failure to exercise the degree of care that a reasonable person would Jonathan J. Russell, a seasoned personal injury attorney, shares his expertise on the intricacies of negligence law and the advocacy needed to support accident victims. With years of experience in litigation across Pennsylvania and New Jersey, Jonathan emphasizes the importance of not only understanding legal principles but also advocating for clients who refuse to let their injuries define them. In this insightful discussion, he explores key aspects of personal injury claims, the role of insurance companies, and essential steps for protecting one’s legal rights after an accident. WWW.LAWYER-MONTHLY.COM 29
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