What is negligence?
In its most simple definition, negligence means that someone was careless and as a result of being careless, someone else was injured. Negligence serves as the basis for a personal injury …
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What does the term "liable" mean?
The term liable generally means that a court has determined individual, company or some other entity caused, and is responsible for, another person's injury. When a defendant is found liable, …
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What does the term "reasonable person" mean?
A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under the same or similar circumstances. The hypothetical reasonable person …
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How to Prove Fault
In order to be compensated for injuries incurred in a personal injury lawsuit it is essential for the plaintiff to be able to prove that the defendant was at fault for causing the injuries. The plaintiff must prove the legal elements of the case by having the factual proof to meet each element of his or her cause of action. The Legal Case In order to prove fault in a personal injury …
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How Wrongdoing in a Civil Lawsuit is Investigated
Before damages can be recovered in a civil lawsuit, the plaintiff must prove that the defendant is liable for damages. The court requires that the plaintiff prove liability by a standard known as “preponderance of the evidence.” Simply put, the plaintiff must prove that the allegations against the defendant are more likely true than not true. Plaintiffs are not held …
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