Negligence cases can cover a wide range of conduct and actions the result in harm or loss to the plaintiff. Basically, negligence covers violations that are the result of unintentional conduct as opposed to intentional violations. In proving negligence, the following elements must be met:
Evidence in a negligence case is easier to understand when it is categorized according to the elements of proof for negligence. Thus, the evidence can be placed in the following categories:
Thus, the evidence in a negligence claim tends to follow the elements of proof. In some cases, certain elements may be much clearer than others. In fact, some elements may already be established at the beginning of the trial (for example, if the defendant admits to any of the elements). In that case, the legal proof would revolve around other elements of proof, and may focus only on certain items of evidence.
Evidence in a negligence case is very important for the outcome of the trial. Generally speaking, the assistance of a qualified lawyer is needed when dealing with trial evidence. If you have any legal issues or disputes involving evidence for a negligence case, you should contact an experienced attorney immediately. Your lawyer can help you file a lawsuit, and can assist with the preparation of the evidence for trial. Evidence rules may vary from state to state, but your attorney can inform you of the laws in your area.
Last Modified: 10-17-2012 04:35 PM PDTLaw Library Disclaimer
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