As a New Jersey victim, understanding whether you can bring a claim against the person that caused your injuries is important. Victims can better gauge a claim’s validity when they have an accurate understanding of what negligence is in New Jersey.
In New Jersey, negligence is understood as any time a person acts outside the scope of their responsibility to you, causing you damages. It can be a difficult concept to grasp, but it is the foundation of many personal injury claims in New Jersey. Negligence can occur in many forms, from car accidents to medical malpractice. If another person’s negligence caused your injuries, speak to a New Jersey attorney. More likely than not, you may be able to hold a negligent party accountable in a lawsuit for compensatory damages.
Our attorneys are dedicated to helping New Jersey victims get the justice they deserve. For a free case evaluation with the New Jersey personal injury lawyers at Legal Care, call today at (732) 838-9769.
What is Considered Negligence in New Jersey?
If you’ve recently sustained injuries caused by another party, their actions may be considered negligent in New Jersey. That said, understanding negligence as a concept can be difficult, so it benefits New Jersey victims to hire an attorney to explain better what negligence means exactly.
In order to bring a successful personal injury claim against an at-fault party in New Jersey, demonstrating negligence is often crucial. Generally, negligence is understood as the failure to act appropriately and in line with one’s responsibility to another person. In New Jersey, negligence can be either action or inaction, depending on the circumstances of an incident.
Understanding the concept of negligence and how it applies to your lawsuit can be difficult, especially for victims whose injuries were sustained in unclear circumstances. For some New Jersey victims, learning the elements necessary to prove negligence can help them understand negligence as a legal concept.
In New Jersey, the following four elements are necessary to prove negligence:
- The defendant owed the plaintiff a duty of care
- The defendant breached the duty of care owed to the plaintiff
- The defendant’s breach of duty of care caused the plaintiff’s injuries
- The plaintiff suffered real damages
Together, these four elements are necessary to prove negligence on a defendant’s behalf. Proving negligence can be challenging, especially if the circumstances of your case are complicated. Similar challenges exist in cases where victims cannot identify a negligent party. If another person recently caused you injury, and you are unsure whether their actions constitute negligence, speak to a Jersey City personal injury lawyer. If an at-fault party acted negligently, you may be able to file a lawsuit in New Jersey.
Common Examples of Negligence in New Jersey
Suppose you’re having difficulty determining whether or not another person acted negligently, causing your injuries. In that case, it can help to learn about common examples of negligence that often lead to lawsuits in New Jersey. Learning about these instances can help victims decide whether or not to file a lawsuit for compensation.
Many different actions can be considered negligent, as many people, professionals, and companies owe a duty of care to others. For example, drivers owe a duty of care to others on the road to heed traffic regulations. If another driver runs a red-light and hits your vehicle, they have breached their owed duty of care and can be considered negligent.
Landlords and store owners owe a duty of care to tenants and customers in that they must properly maintain their properties. For example, suppose a landlord fails to shovel the steps of an apartment building the winter, and you slip and fall, injuring yourself. Or, suppose a store owner fails to place a caution sign near a recently mopped floor, and a similar result happens. In both cases, the landlord and store owner may be considered negligent.
Other common instances of negligence in New Jersey include medical malpractice and product liability claims. While it may appear that all instances of negligence are clear-cut, that’s not always the case. Regardless of your case, if another person’s negligence caused your injuries, you can hire an Elizabeth personal injury lawyer to learn the validity of your compensation claim in New Jersey.
Can Multiple Parties Be Considered Negligent in a New Jersey Lawsuit?
Negligence as a concept can become even more complicated, especially when multiple parties share fault for a victim’s injuries. If several people or entities contributed to your accident, you may be able to hold all of them accountable in New Jersey.
Properly attributing negligence to the right parties can be challenging. Certain cases, like chain-reaction car accidents and medical malpractice claims, involve multiple parties acting negligently, all contributing to an accident. Holding the necessary parties responsible can be difficult, which is why seeking help from an experienced Paterson personal injury lawyer is wise. Your attorney can help you identify all the negligent parties that contributed to your damages.
While learning that multiple parties can be considered negligent and partially at fault for a victim’s injuries is important, so is learning that victims can also be considered negligent. New Jersey’s comparative negligence laws dictate that victims can be awarded fewer damages in proportion to their percentage of fault. Victims may be unaware of this until it is too late, impacting their access to compensatory damages.
Understanding negligence and how it applies to your case is important. Depending on the circumstances of an incident, several parties can be considered negligent and, therefore, financially liable for your injuries. To hold all negligent parties accountable, turn to an experienced lawyer you can trust.
Our New Jersey Attorneys Can Help You Hold a Negligent Party Accountable
If you wish to file a lawsuit for compensation against a negligent party, our attorneys can help. For a free case evaluation with the Edison personal injury lawyers at Legal Care, call today at (732) 838-9769.