There must be four elements present to prove or show negligence with this doctrine. The accident is caused by an instrumentality within the exclusive control of the defendant. The evidence as to the explanation of the accident is more available to the defendant than to the plaintiff. These damages are direct dam ages. Harder to measure, they can often times be higher than special damages.
Punitive damages are more of a punishment of the defendant.
As stated a person can be held liable for his or her acts or omissions and be charged with negligence. If the injured party chooses to recover from his own insurance company in part or in whole, then the insurance company in effect purchases the right to seek damages from the defendant. This is commonly referred to as subrogation. From an investigator's point of view, the insurance company will often times order an assets investigation before seeking legal action to determine if the third party has any attachable assets for subrogation. Since negligence depends upon certain degrees of care imposed upon the tortfeasor, the degree of care required can and often does depend upon the relationship between the two parties involved.