If you have been hurt in an accident caused by someone else’s carelessness, you may be entitled to compensation. However, in order to win your case, you must demonstrate the defendant’s liability by providing clear and credible evidence establishing how their negligence caused your injuries. Read on for more information and secure the help of a New Jersey injury lawyer for skilled representation during your case.
What is Negligence?
Negligence is a failure to act with a standard of care that a reasonable person would exercise in a similar situation, which results in harm to another person. It is not about the individual’s intent. Instead, it reflects a carelessness or failure to act responsibly under the circumstances.
There are four key elements of negligence recognized under personal injury law. They are as follows.
- Duty of care: The defendant had a legal responsibility to act reasonably to prevent accidents and injuries
- Breach of duty: The defendant violated that duty through their actions or inaction
- Causation: The breach of duty directly caused your accident and injuries
- Damages: You suffered measurable harm as a result
If you can prove these elements in your personal injury case, you can establish the defendant’s negligence and therefore liability for your damages.
What Evidence is Needed to Prove Negligence in My NJ Injury Case?
In order to demonstrate the above elements of negligence and win your case, you must provide ample evidence that would compel an insurer or jury to believe that your version of events is true. The standard of proof in a personal injury case is a preponderance of the evidence, meaning that you must show that the defendant is more likely than not (more than 50%) responsible for your injuries.
Relevant evidence that can help prove this point includes the following.
- Photos of the accident scene, property damage, debris, unsafe conditions, visible injuries, and more
- Medical reports, X-rays, treatment plans, and doctor notes linking your injuries to the accident
- Witness accounts from people who saw the accident take place
- Police and incident reports providing a neutral record of what occurred
- Expert testimony from accident reconstructionists, medical professionals, and economists who can testify about how the accident happened, the long-term impact of your injuries, and the financial consequences
In order to recover the compensation you deserve, you must provide evidence not only to establish the defendant’s liability but also to demonstrate the losses you have experienced, both financial and otherwise.
What is Comparative Negligence?
It’s important to note that New Jersey operates under a modified comparative negligence system. This means that multiple parties (including you, as the victim) can be assigned a portion of the blame for an accident.
In New Jersey, you can recover damages even if you are partially responsible, given that your percentage of fault is not greater than that of the other parties involved. As long as you are 50% or less liable, you can recover compensation, though the amount you are entitled to will be reduced by the percentage you are at fault.
Personal injury law can be complex, so reach out to a skilled attorney for legal counsel today.
