Who was at fault for the accident? How are you compensated for your injuries?
The law of torts, which is the first topic taught in law school, states that in order to hold the Defendant liable (responsible) for an accident, it is necessary to find that
- Defendant’s action was negligent or reckless.
- The action caused the accident. This concept is called “cause in fact”.
- The accident was a foreseeable result of the negligent act. This is also called “Proximate Cause”.
- The Plaintiff’s own action was not negligent and if it was, his negligence was less than the negligence of the Defendant. If the Plaintiff was also negligent, his or her compensation can be reduced by the percentage of his negligence.
- In additional, to be able to make a claim or to sue for negligence, the Plaintiff must suffer damages.