Injury Lawsuit (1)
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New York University *
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Nov 24, 2024
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docx
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Uploaded by Mutisya2018
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Injury Lawsuit
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Injury Lawsuit
What would Puliani's cause of action be?
To file the lawsuit, Puliani requires at least one cause of action. Generally, a cause of
action refers to the law recognized by the law, which allows the plaintiff, in this case, Puliani, to
file for compensation for harm and injuries (
Edwards, 2014
). This gives Puliani the privilege to
sue Krump in court. For instance, in this case, Puliani's cause of action can be negligence where
he files that Krump acted carelessly causing the injuries he sustained. Another cause of action
could be battery where Krump intentionally hits Puliani causing the injuries.
What must Puliani prove to a jury to succeed?
According to
Edwards
(2014), the burden of proving elements of the injury claim is
placed on the plaintiff, Puliani. Therefore, he must prove to the jury causation, which involves
proving the proximate cause and factual cause. The defendant's actual actions that caused the
injury are the factual cause, while the defendant's knowledge of the possible occurrence of the
injury is known as the proximate cause. Thus, Puliani requires facts of the case to prove
causation to the jury.
What is the likelihood that Puliani will succeed in his claim against Krump and why?
According to
Edwards
(2014), the likelihood of succeeding in an injury lawsuit varies
based on factors from case to case, however, a plaintiff has the best chance of succeeding if they
hire an experienced attorney on matters of personal injury. To increase his chances of succeeding
in his claims against Krump, Puliani should hire an experienced, knowledgeable personal injury
attorney (
Edwards
, 2014).
The claims require evidence that the attorney would apply in the court to prove Krump
had the duty of care, the defendant's legal and socially recognized Responsibility to not put the
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complainant in harm's way. The evidence can also be used to prove that Krump violated the duty
to care by making unreasonably dangerous actions, decisions, or inaction (
Edwards
, 2014).
Finally, the evidence can prove that Krump's behavior caused the injuries to Puliani, thus, Puliani
suffered damages that can be recovered legally as a result.
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References
Edwards, J. S. (2014).
Tort law
. Cengage Learning.