What to prove in general negligence cases
February 22, 2007

It is indeed very difficult to prove a general negligence case. There are lots of factors which should be addressed by the victim to be able to prove himself in courts. For one, there must be a clear showing of recklessness or negligence on the part of the culprit.

The victim must show by convincing evidence that the person that caused the accident has acted in a manner that is totally out of control or that is totally reprehensible to the effect that his or her actions has no justification at all.

Next, the victim must prove that the culprit’s actuation has caused the accident and that the victim has suffered personal injuries in such an accident. There must be proof that the victim’s injuries have been incurred in the accident and not because of the victim’s own negligence.

However, we must also consider the fact that even though the victim may have contributed to his or her own personal injuries, it is still very much possible that the defendant will be entirely held liable for the injuries incurred. This is what is called a “contributory negligence”.

In such a situation, although the victim may have been found to contribute to the happening of the accident or that the victim has aggravated the injuries incurred, the courts of law will still consider the defendant as the one at fault. This holds water whenever there has been a finding by the court hearing the case that the defendant’s act is the direct, immediate, and proximate cause of the accident although the victim may have contributed to the happening of the accident.

Last, the victim trying to make a claim must show the link between the defendant’s actuations leading to the accident and the injuries incurred by the victim. This will be very vital to the victim’s cause of action.

Once these factors have been proven, we can safely conclude that the victim’s chances in obtaining a favorable result will be very high. The claim for damages and indemnification will be very much possible and probable since the victim has clearly proven his or her entitlement to these damages and indemnification.

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