Negligence

New Jersey Negligence Attorneys

Negligence is one of the essential pillars in any personal injury case. In fact, it’s so crucial that most of the work in your personal injury case will focus on proving that the other party’s behavior was negligent. If you and your New Jersey negligence attorney can’t prove negligence on the part of the other party, then your personal injury case won’t be successful. You might be wondering—what does negligence mean in an injury claim, and how exactly do lawyers go about proving it? When you work with the New Jersey negligence lawyers from Varcadipane & Pinnisi, PC, they will work tirelessly to prove negligence in your case.

What is Considered Negligence in New Jersey?

The basic definition of negligence is failure to take the proper or reasonable care in doing something. In the legal realm, negligence is generally the failure to act in a way that another prudent person would. When pursuing a personal injury claim, you must prove that the at-fault party acted in a manner that wasn’t consistent with the way someone else typically would have in the same scenario.

The Elements of Negligence

There are four elements that must be established in a successful personal injury claim:

  • Duty of Care/Standard of Care: You must show that the other party owed you a duty of care or had an obligation to use good sense and reasonable caution. This is typically the most straightforward element in a claim to prove. Laws, guidelines, and even common sense establish the standard of care owed.
  • Breach of Duty: Next, you’ll need to prove that the other party failed to adhere to the standard of care that they owed you. For example, suppose a driver was speeding when they caused an accident. In that case, it’s easy to show that a reasonably prudent driver wouldn’t have been breaking the law and speeding.

Once you’ve established duty and breach of duty, you’ve shown the court that the at-fault party is liable or legally responsible for your damages—the consequences of their actions.

  • Causation: Now that you’ve shown liability for your claim, you must prove that you suffered compensable damages. There must be a connection between the other party’s actions and your injuries. This connection is called causation, and it can’t be a loose connection. The law requires that their actions be the proximate cause or a fairly direct cause of your damages. For instance, suppose you were hit by another driver who ran a red light. As a result, you suffered a broken pelvis and hip. You required two surgeries and six months off of work. In that case, the driver’s negligence was the direct cause of your injuries and damages. You wouldn’t have needed medical care or time off of work if it weren’t for the other driver’s negligent actions.
  • Damages: Finally, your New Jersey negligence attorney must show that you suffered damages because of your injury and the actions of the at-fault party. It must be established that you suffered actual harm that can be translated into monetary value. To prove damages, your lawyer will need to provide lots of evidence. Examples of evidence that can help establish damages include medical bills from your care and treatment, pay stubs or wage statements to prove lost wages, and expert testimony about how your injuries will impact your career and your capacity to perform your job duties.

The Importance of a New Jersey Negligence Lawyer

While you aren’t required to have the representation of a New Jersey negligence lawyer, you can see why having one is a smart decision. Proving the elements of negligence, keeping track of and filing documents, obtaining experts and other resources, and collecting evidence, among other things, are challenging for even the most knowledgeable layperson. If you are trying to recover from your injuries, all of these steps can be incredibly overwhelming—so much so that you might be willing to accept whatever small offer the other party’s insurance company gives you. As tempting as it might be to get this predicament over and done with, don’t do it. You have the right to talk to a New Jersey negligence attorney to determine if they can help you and if the settlement you are offered is fair.

Do You Need an Experienced New Jersey Negligence Attorney?

If you need an experienced New Jersey negligence lawyer, you have come to the right place. At Varcadipane & Pinnisi, PC, our attorneys are well-versed in New Jersey negligence statutes and how it applies in different circumstances. Call us today at 800-616-2916 or contact us online to get your claim started with a complimentary case review with one of our knowledgeable New Jersey negligence lawyers.

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