Action for NegligencePosted 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.
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.
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.