How is negligence determined in personal injury cases?
How is negligence determined in personal injury cases? Does negligence have to be established in order to collect damages in any personal injury case?
Answered By: Tenge Law Firm, LLC
Generally speaking, negligence will need to be proven by a preponderance of the evidence (which means "more probable than not") in most injury cases. There are some situations where you can base your claim on another theory of liability called "strict liability", but those are rare. In addition, you will need to prove damages and that the negligence caused the injuries, damages and losses which you claim. This is called "causation". If you can prove negligence, causation and have damages, you should prevail.
Answer Applies to: Colorado
Replied: 11/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 11/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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