clan_law
03-10-2008, 12:10 PM
In all cases, in all situations and in varying jurisdictions, in order to collect on an injury claim, it requires that you must prove that the person who caused the injury was negligent, reckless, careless and imprudent.
That means that the plaintiff in a legal action, has the obligation to prove the allegation that it presented in an action. The burden of proof lies in his hands.
This has been the standard that most law or courts have followed in ascertaining who will be liable and for whom.
Technically, in legal parlance, this is what they termed as burden of proof or onus probandi.
Burden of proof varies depending on the particular action that has been raised.
In personal injury actions, there are component elements in the aspect of proving negligence. To be specific, the plaintiff must establish and prove the following concurring elements, namely:
1.First, the defendant must have had a duty of caretowards the claimant.
2.Second, the claimant must show that the defendant has breached that duty by not exercising reasonable care.
3.That an injury was caused to you by reason of the breach of duty;
4.There was a reasonable connection between the other person's duty to you and your injury, in other words, that the negligence must be a "proximate cause" of the harm.
5.Finally the claimant must be able to establish what kind of damages or compensation, he should get for his or her harm.
Viewing the aforesaid elements would give you the impression that it is taxing to prove negligence.
However having a great personal injury lawyer would create the difference.
When you have a negligence claim, finding a qualified personal injury lawyer may be good to start with.
That means that the plaintiff in a legal action, has the obligation to prove the allegation that it presented in an action. The burden of proof lies in his hands.
This has been the standard that most law or courts have followed in ascertaining who will be liable and for whom.
Technically, in legal parlance, this is what they termed as burden of proof or onus probandi.
Burden of proof varies depending on the particular action that has been raised.
In personal injury actions, there are component elements in the aspect of proving negligence. To be specific, the plaintiff must establish and prove the following concurring elements, namely:
1.First, the defendant must have had a duty of caretowards the claimant.
2.Second, the claimant must show that the defendant has breached that duty by not exercising reasonable care.
3.That an injury was caused to you by reason of the breach of duty;
4.There was a reasonable connection between the other person's duty to you and your injury, in other words, that the negligence must be a "proximate cause" of the harm.
5.Finally the claimant must be able to establish what kind of damages or compensation, he should get for his or her harm.
Viewing the aforesaid elements would give you the impression that it is taxing to prove negligence.
However having a great personal injury lawyer would create the difference.
When you have a negligence claim, finding a qualified personal injury lawyer may be good to start with.