The most common type of theory of liability in a personal injury case is negligence. Negligence is defined as failure to exercise reasonable care in order to prevent injury and harm to others. In a car accident case, if someone drives negligently, he or she maybe held liable for the damages and injuries sustained by a resulting car accident.
A plaintiff must prove negligence by establishing that the defendant had a duty to act with reasonable care, that this duty was breached by the defendant, and this breach of duty resulted in the injuries sustained by the plaintiff.
In certain claims, the process of proving negligence is clear and straightforward. However, more often than not proving the negligence of a defendant can be complicated. This is especially true in personal injury claims in which the injuries are very serious resulting in the defendant could potentially be liable for millions of dollars. Individuals and companies will invest multiple thousands of dollars and utilize all the resources at their disposal in order to defend a claim.?
Source: http://www.baizlaw.com/injurylawyers/liability-for-negligence-in-personal-injury-cases.html
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