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Guam Complaint For Injuries Under FELA - Jury Trial Demand
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FAQ
Contributory negligence is when an injured person is found partially responsible for their own injuries. Contributory negligence is a common defence strategy in personal injury claims.
Proximate cause is a determination of whether legal liability should be imposed where cause in fact has been established. "Is it ethically right, fair and just to impose liability?"
Proximate causes include hereditary, developmental, structural, cognitive, psychological, and physiological aspects of behaviour.
Proximate cause, or legal cause, is an underlying cause of an accident. For example, if a truck driver swerves and hits a car, the driver is the actual cause of the accident. But if they moved to avoid a bicyclist riding on the road, the bicyclist's unsafe driving might be the proximate cause.
The proximate cause theory holds felons accountable for any foreseeable deaths that occur during the commission or attempted commission of a felony. This includes deaths of innocent bystanders caused by third parties.
To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.
The actions of the person (or entity) who owes you a duty must be sufficiently related to your injuries such that the law considers the person to have caused your injuries in a legal sense. If someone's actions are a remote cause of your injury, they are not a proximate cause.
Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person's actions or omissions of actions can be found negligent.