How Does Negligence Affect My Personal Injury Case?
Posted October 3rd, 2024.
Categories: Blog.
When an accident happens and a person sustains an injury, legal action may be necessary to ensure that the victim is fairly compensated. Negligence is a legal concept that plays a significant part in personal injury cases. If you are seeking compensation after an accident in New Jersey work with an experienced Cherry Hill personal injury attorney for skilled legal advice and representation.
What is Negligence?
Negligence is categorized as an individual’s failure to behave in a way that reasonably prevents a foreseeable accident or harm to potential victims. It is an omission of an action that a reasonable person would do in similar circumstances. A person is negligent when they behave in a way that disregards care for others.
How is Negligence Established?
Negligence can be established by identifying and proving the following four elements.
- The defendant owed a duty of care to the plaintiff
- The defendant breached the duty of care
- The breach of duty caused the injury
- The plaintiff suffered damages
If you can provide evidence to establish the above, you can prove that the defendant was negligent and caused your injuries and losses.
Comparative Negligence
Another important consideration when establishing negligence is a legal concept called comparative negligence. New Jersey, like many other states, enforces comparative negligence laws in injury cases.
When establishing comparative negligence, courts will examine the details of the situation and the evidence provided. They will then assign a percentage of the blame to each party involved. While some situations will result in one party being 100% negligent, generally even the victim will share some of the blame. Under NJ’s modified comparative negligence system, an individual can recover damages as long as they are 50% or less at fault.
Does Negligence Impact a Personal Injury Case?
Negligence has a huge impact on personal injury cases. It is the basis for liability and therefore compensation. Without establishing negligence there is likely no way to determine who is liable for the accident and responsible for compensating the victim.
Whoever is deemed liable will be ordered by the court to pay damages to reimburse the victim for the following.
- Medical expenses like ambulance rides, hospital stays, surgeries, prescriptions, physical therapy, etc.
- Costs to repair property damage to vehicles or other property
- Emotional distress
- Disability
The above expenses and more can become a significant source of stress for victims. Negligence is needed to establish who is responsible for reimbursing these costs.
Contact a Personal Injury Attorney
If you were involved in an accident and sustained damages it is important that you understand your legal rights. You may be able to pursue compensation from the negligent party but it will require evidence, negotiations, and skilled representation. Reach out to an experienced attorney at the Law Offices of Mark S. Guralnick to set up your no-fee consultation today.
