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What does the plaintiff have to prove? Lawyer Manual
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Generally, injury and damage claims arising from motor vehicle accidents are due to the alleged negligence of a driver. Here is what a Plaintiff has to show to recover under negligence:

  • An accident that resulted in personal injury or damage;
  • The defendant was negligent - did something unreasonable, or failed to act reasonably;
  • Defendant’s behavior caused the accident;
  • The accident caused the injury and/or damage;
  • The treatment or repair was necessary;
  • The cost of treatment or repair was reasonable; and
  • Other damages as a result if applicable – e.g. pain, suffering, loss of consortium .
Last reviewed
June 28, 2018