Virginia Jury Instruction - 4.1 Recovery Of Take-Home Pay
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FAQ
Some states follow a more enlightened version of the fault law called "comparative negligence." Alas, Virginia still chooses what is known as the "pure contributory negligence rule." That means the other person has to be 100 percent at fault or you can't collect any monetary damages.
In summary, the clear and convincing standard is higher than the preponderance of the evidence standard but lower than the beyond a reasonable doubt standard. It requires a high level of certainty in the evidence presented, but not to the same extent as in criminal cases.
You will be reimbursed $30 per day for attendance for each day you must report to the courthouse. This amount is set by the state legislature. How long will I be in jury service? Jurors serve for one term of court.
?The proximate cause of an event is that act or omission which, in natural and continuous sequence, unbroken by an efficient intervening cause, produces the event, and without which that event would not have occurred.? Williams v. Cong Le, 276 Va.
However, if your injury would not have occurred ?but for? the actions of another, then usually you can conclude there was proximate causation. Usually, this is an easy question. Example: Driver of ?Car A? runs a red light and hits ?Car B,? which had a green light, causing injury to the driver of Car B.
Actual cause, also known as ?cause in fact,? is straightforward. When a bus strikes a car, the bus driver's actions are the actual cause of the accident. Proximate cause means ?legal cause,? or one that the law recognizes as the primary cause of the injury.
The Model Jury Instruction Committee is comprised of outstanding and experienced Virginia judges, practicing attorneys, and law professors who devote substantial time in the maintenance of this essential litigation resource.
Proximate causation refers to a cause that is legally sufficient to find the defendant liable. For example, giving birth to a defendant will not be legally sufficient to find the mother liable because the birth was not the proximate cause of the tort.