The Burden of Proof In a West Virginia Personal Injury Case
Whether negotiating a claim with an insurance company or preparing your case for a jury trial, an important consideration is the burden of proof. The burden of proof is the level of evidence that must be presented to prove your case.
What is Negligence?
In everyday conversations, we often hear people use the term negligence. People tend to loosely use the term to mean that some company or some person did something wrong. So, what does negligence mean?In basic terms, Black’s Law Dictionary defines negligence as “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.” Under West Virginia law, a cause of action (or legal claim) for negligence is made up of four basic elements: (1) a duty owed; (2) the breach of the duty owed; (3) causation; and (4) damages.