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Action for Negligence

Posted on:12/12/2015
To succeed in a negligence lawsuit, the plaintiff must establish three elements: (1) duty of care - the defendant had a legal duty of care towards the plaintiff; (2) that the duty was breached by the defendant; and (3) that damage was suffered as a result.


In deciding whether or not a duty of care has been broken, the standard against which the defendant’s conduct is measured is that of the so-called ‘reasonable man’ (or woman). In other words, there will be a breach of duty if the defendant did not act in a reasonable manner in the circumstances of the given situation.


The plaintiff must also show that he has suffered loss as a result of the defendant’s breach of duty of care. Loss can involve personal injury, damage to property, and financial loss. The resulting damage may, however, be too remote to be recoverable because it could not reasonably have been foreseen by the defendant at the time when he acted negligently.


It is only in a negligence lawsuit that liability is based on the breach of a duty of care owed to the plaintiff by the defendant. The plaintiff may also be held to be contributory negligent and his award of damages reduced by an appropriate percentage to reflect his own negligent conduct.




Your First Steps After a Car Accident


If you have been involved in a car accident, the first thing you should do is check for injuries. If you have been injured call 911 and request medical assistance. If you are not injured, check for others who may be injured and call 911, if needed. Do not administer medical assistance to the injured persons unless you are professionally trained.


You should then notify the police. In some states, the law requires you to call the police if the accident has resulted in injuries or property damage. Do not leave the scene of the accident. You can be charged with a hit and run accident.


Do not blame the other driver for the accident. Let the police and courts decide who is at fault. Request the other driver for his information including name, address, telephone numbers, registration details and insurance details. You should provide the other driver with your details.


Gather as much information about the accident scene as possible. Make a mental note of the cars involved including the model, make and color. Pictures are the best evidence in an accident case. If you have a camera with you, take photographs of the accident scene. If there are persons who witnessed the accident, speak to him and obtain their contact details. You may require them to testify if the matter goes to court.

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