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 knowledge of 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.
Do I need an attorney if I've already been offered a settlement?
The offer you received from the insurance company is almost certainly less than what you are entitled to, by a significant margin. Insurance companies, just like any other business, are structured to maximize their own profits, and in addition to offering a minimal amount in any settlement, they will also commonly employ aggressive tactics against claimants like you to discourage requests for full compensation. We can not only advise you of what your case is really worth, but also provide skilled representation to help you recover damages.
How much is my case worth?
Each personal injury case is unique, and your attorney will consult with you in detail to help you determine the full value of your claim. In any fair settlement, you should expect to receive enough money to cover all your medical bills, from emergency treatment at the scene of the accident to rehabilitative care to help you fully recover. Claims of this nature should also cover the amount of income you will lose due to the injury from missing work or inability to perform on your job, as well as compensation for the pain and suffering you experienced.
How long will it take to resolve my case?
A variety of factors will play into how long it takes to get your insurance settlement, from the availability of evidence to support your claim to how cooperative the insurance company is and how effectively you can prepare your case. At our firm, our legal team takes every case seriously and we will do everything possible to achieve a successful resolution for you. We will also keep you informed throughout the entire process about what you may be up against and how long you can expect your case to take.