What must a plaintiff establish to succeed in a diversity action regarding a personal injury?

For a plaintiff to succeed in a diversity action concerning personal injury, it is crucial to establish that the requisite amount in controversy is met. This means that the amount at stake in the case must exceed a specific threshold, generally set at $75,000, to ensure that the federal courts have jurisdiction over the matter. Diversity jurisdiction is designed to provide a neutral forum for parties from different states and to avoid potential bias that might occur in state courts. By demonstrating that the amount in controversy meets the federal requirement, the plaintiff effectively establishes an important jurisdictional criterion necessary for the court to hear the case.

In addition to the amount in controversy, plaintiffs must also demonstrate complete diversity of citizenship between the parties, meaning that no plaintiff shares a state of citizenship with any defendant. However, the mere establishment of diversity does not guarantee success. It is the fulfillment of the amount in controversy that is explicitly required to invoke diversity jurisdiction.

The other options focus on aspects that do not directly influence the jurisdictional requirements or fundamental elements necessary for the plaintiff's case to proceed in a diversity action.