Suing For Negligence Without Injury
Description
How to fill out Answer By Defendant In A Civil Lawsuit Alleging The Affirmative Defense Of Contributory Negligence?
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FAQ
A negligence lawsuit is a civil lawsuit that filed against a person or a legal party that failed to use reasonable caution and caused damage to a victim while providing care or services.
Suing a party that doesn't have any money or assets can be complicated and time-consuming. If the defendant lacks funds and real property, it will take far longer to recover from the losses you suffered than in an average claim.
If a judgment is entered against you, and you lack the financial resources to pay, the judgment becomes an additional debt that will need to be repaid. In many instances, the person or company suing you will seek compensation from you in one form or another. This may include: Wage garnishment.
A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages.
Under the traditional rules of legal duty in negligence cases, a plaintiff must prove that the defendant's actions were the actual cause of the plaintiff's injury. This is often referred to as "but-for" causation, meaning that, but for the defendant's actions, the plaintiff's injury would not have occurred.