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Negligence does require some proof

Insurance companies are often sued when someone claims that an individual insured acted in a negligent fashion and those actions led to injury or damage for a third party. In most cases that don't involve on-the-job injuries, a claim of negligence usually has to come with evidence for it to be successful. As an insurance company, you want someone who will help show that evidence in a case does not warrant a decision that an accident or injury was your injured's fault.

Most of the time, negligence is decided based on a principle of reasonable action. The jury or other deciding party is supposed to compare the actual actions of the defendant against what might be considered the reasonable actions of someone in a similar situation. If the lawsuit involves two drivers, then the jury considers what would normally be a reasonable action for a driver. If the suit involves a landowner, the jury should consider what a landowner would reasonably do in the circumstances involved in the case.

Evidence in a negligence case come in two varieties. Direct evidence includes things like direct witness testimony and videos of the incident in question. The nature of direct evidence can make it more challenging to defend against. Circumstantial evidence occurs when an investigator of some type is asked to make conclusions or draw inferences based on the direct evidence. The strength of circumstantial evidence depends on a variety of factors, including the credibility of the person drawing the inferences.

Working with experienced lawyers to defend your insured against claims of negligence can help you save money. An experienced lawyer often knows when to settle and when to continue to fight such claims.

Source: FindLaw, "Proof in a Negligence Case," accessed July 22, 2016

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