What must an injury victim establish to have a successful claim? The first thing an injury victim must establish is liability. You must prove that the other party is more liable for the accident than you are. Second, you must prove that you have actual damages or injuries. If there is clear liability but no injury, then your case will be unsuccessful. If there is injury but no liability on the part of the other driver, your case likewise will be unsuccessful. You must show that the other party was liable and that you sustained injury in order to have a viable claim. Only an experienced personal injury attorney will be able to evaluate your case and tell you the best course of action.