House & Apartment
What does the plaintiff have to prove? Lawyer Manual
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
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