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Negligence laws re cross-border personal injury claims

Day trips to Seattle for shopping or other purposes are part of the lives of many Vancouver residents. However, many of them might not realize how complicated matters can be if they are involved in car accidents while travelling south of the border. Cross-border personal injury claims may involve the negligence laws of Washington state.

To recover financial and physical damages through the civil justice system after a crash south of the border, understanding applicable Washington negligence laws will be crucial. For example, in Washington, the amount of damages a crash victim can recover will depend on the part he or she played in the cause of the accident. Under the contributory fault law, the monetary award by the court will diminish in proportion to the percentage of fault of each party.

Furthermore, the plaintiff will have to show the five elements of negligence, the first of which is the proof that the plaintiff was owed a duty to act as a reasonable person would in similar circumstances. The next element is proof that the defendant breached that duty, and that the resulting injuries would not have occurred if the defendant did not breach the duty of care. Also necessary is proof that the defendant knew or should have known about the potential for causing injuries, and that damages, both financial and physical, resulted.

Establishing negligence might seem a daunting prospect, but help is available. An experienced cross-border personal injury lawyer in Vancouver can provide the necessary support and guidance throughout ensuing legal proceedings in pursuit of damage recovery. Legal counsel can also assist with any dealings with insurance matters in both jurisdictions.