New Jersey Negligence Attorneys
How to Establish Negligence in a Personal Injury Case
Personal injury lawsuits are based on tort law, which involves a person's
legal duty not to harm or injure another individual, including negligent
acts that have caused an
accident. Although any injuries that were caused by someone's carelessness
cannot have been caused purposefully, the negligent party can still be
held accountable under the law. This differs from a criminal case in that
they will not be charged with a crime, but will rather be held responsible
for providing damages to the victim.
When a person files a personal injury claim, however, they must be able
to prove that negligence was a factor in the incident by:
- Establishing that the individual or entity that caused the accident had
a duty of care
- Demonstrating that this duty was violated
- Showing that the breach of duty resulted in an accident
- Proving that the accident caused injuries
In some cases, liability will be obvious, such as an accident caused by a
drunk driver. In other situations, evidence will need to be compiled to show that another
individual or entity violated tort law. If you have been hurt in an accident
that you believe was caused by someone else's careless actions, speak
with a New Jersey negligence attorney from Brandon J. Broderick, Attorney
at Law. We can investigate the accident to establish the liable parties,
and file a claim for damages to cover your injury-related expenses and
losses, including compensation for pain, suffering and emotional trauma,
as well as lost income and property damage.
Understanding New Jersey's Comparative Negligence Laws
In the state of New Jersey, compensation is awarded in a personal injury
case based upon the standard of "comparative negligence." This
means that a plaintiff will only be able to recover an amount of damages
that is also indicative of their own fault in causing the accident and
their subsequent injuries. As such, the original amount that was being
pursued in the lawsuit will be diminished by the percentage that a jury
finds the victim to be at fault. For example, if an individual was walking
across the street illegally at the time that they were struck by a drunken
driver, a jury must decide the degree to which they are responsible for
causing their own injuries. If it is decided that the victim is 15% at-fault,
then they will only be able to recover 85% of the original amount of damages
that they had sought from the negligent party.
Wish to Seek Damages? Contact Brandon J. Broderick, Attorney at Law.
Compensation in a personal injury case will depend on the severity of your
injuries, the current and future cost of your medical treatment, and how
your injuries have affected your quality of life. Our firm has a comprehensive
personal injury laws, and has achieved extremely favorable settlements for many of our clients.
We have also cultivated an extensive network of experts in various fields
whose testimony can be used to support your claim. If we are unable to
negotiate a fair settlement, we will litigate the matter in court.
Contact our reputable law firm today to learn more.