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The elements of a cause of action for negligence consist of 1) a legal duty to use due care, 2) breach of that duty, 3) a reasonably close causal connection between that breach and plaintiff's injury, and 4) actual loss or damage to the plaintiff.
Potential defendants in a personal injury action arising from an automobile accident consist of the driver of the vehicle, the owner of the vehicle and a person who negligently entrusts an automobile to a person who causes an accident.
A plaintiff can receive recovery for their injuries even if he/she was negligent. However, under the "comparative fault" defense the plaintiff's recovery is reduced in proportion to their percentage of fault. For example, if the plaintiff has $100,000.00 in damages, and is found to be 20% at fault, the plaintiff would be entitled to $80,000.00 in damages.
The plaintiff is entitled to receive past and future medical expenses, past and future loss of earnings and past and future pain and suffering.
After January, 2003 the statute of limitations for negligence in personal injury actions changed from one year to two years.
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