- Proving Negligence – Means that you have to prove that the wrongdoer
caused an accident due to his negligence. If you are the victim of course
you will file a lawsuit. In order to win a negligence lawsuit, the victim must
establish 4 elements. So that they can pay for what they have done to you.
First element “A Duty of Care” the defendant owed a duty to the victim –
Duty means that the defendant has an obligation of reasonable care to
avoid accident, for example this person driving a motor vehicle and this
person also driving a motor vehicle, so these two people has the duty to
drive at a careful and prudent speed so that they won’t cause an accident,
so that is their duty as a rider. If you have a motor vehicle you have to be
very careful.
Second element “A breach of duty” the defendant breached the duty of
care – This person disobeys his duty, means that he breached his duty to
drive at a careful and prudent speed and he is driving at a fastest speed so
he breached his duty of care. Because he is not driving at a careful and
prudent speed.
Third element “Causation” the breach of duty caused the injury – The victim
must prove is causation. The victim must prove that his injury comes from
the person who breached his duty causing an accident and injury. So, this
driver Because he breached his duty the driver crashed to the motor
vehicle, causing an injury because he breached his duty. So, the cause of
injury is crashed because the person breaches his duty and cause injury.
Fourth element “damages” the victim suffered damages – The victim must
prove in order to prevail in a personal injury based on a claim of negligence
is damages. The victim must prove that his injury comes from the
negligence of the other person. Because of the wrongdoer’s negligence he
causes and accident. So, wrongdoer breach of duty must have caused
actual damages to the victim, in order for a negligence claim to succeed the
victim must prove that his injury or damages come from the negligence of
the other person. Proof of damages is injury.
So that is proving negligence and the 4 elements of proving negligence. In
a negligence claim, the plaintiff, the party who brings a legal action or in
whose name it is brought—as opposed to the defendant, the party who is
being sued. must show that the defendant was at fault for his or her injury.
If you don’t have these 4 elements the defendant or the wrongdoer is not
liable to pay for the damages, because its just that you are only making a
story so you have to establish the 4 elements in order to win a negligence
lawsuit.
- The burden of proof, and tort - Allegation is a statement without giving
proof that someone has done something wrong to you or illegal
The obligation to prove your allegation or defense with the evidence
required by law. It is your obligation to prove that your statement is true or
not. If you say that someone you know punch you in the face you need to
prove your allegation, so that you have the burden of proof you have to
shoulder your allegation. How will the judge will believe you if you don’t
have the proof, because if someone made an allegation and that allegation
is just words without proof and therefore that is meaningless in a court of
law. So, for example my friend came to me last week and ask to borrow a
money and I tell him to pay me next week and I demand him to pay me
now because he is supposedly will pay me last week but still, he did not
pay me. That is your allegation in the court that my friend is not paying the
borrowed money so you have to prove that. Because you have a deal and
you are taking notes of that deal, and then you prove it from your
promissory notes, witnesses and after that you are successful to the
burden of proof. So, if you are successfully done proving your allegation.
So, what happened now is the burden of proof will shift to the side of
accused or defendant, to my friends’ side.
- and then the defendant side will say that okay so you showed us the
promissory note, but that signature is fake, not mine. I did not receive any
promissory note. So that is the Burden of proof shift, so it will depend if who
will the judge believed, or who is credible, who can be trusted, or who filed
the authentic documents mean who filed original documents.
- and tort is that the court can order the defendant to compensate the
plaintiff for her losses.
- a tort a wrongful act other than a breach of contract for which relief may
be obtained in the form of damages or an injunction. Because of the you
caused medical expenses, loss of income, repair costs, personal injury,
and/or pain and suffering are examples of compensable losses. If someone
committed a tort or a wrongful act and the plaintiff suffered some loss for
which she can be compensated, so the defendant will compensate for the
loss or pay for the loss of the plaintiff.
- a plaintiff file a complain that he suffered some loss and then the
defendant will compensate for the or pay for loss of the plaintiff.