A Newark Personal Injury Attorney Explains Determining Negligence

A Newark Personal Injury Attorney Explains Determining Negligence

When a person is injured in an accident or incident that is caused by another party’s negligence, then that injured victim has the right to pursue compensation under the laws of the New Jersey. The different types of incidents that fall under personal injury claims or lawsuits include car accidents, truck accidents, premises liability, and defective or dangerous products. Basically, any incident that was preventable that results in an injury qualifies as a personal injury case. In order to be successful in a claim, a Newark personal injury attorney must prove that the other party was negligent.

Under the law, negligence is typically defined as a reckless or careless action or behavior that can cause injury to an individual. In a personal injury claim, there are four elements that must be met in order to prove that the defendant (the party being sued) was negligent and therefore responsible for any losses the victim has suffered due to their injuries. The four elements are:

Duty: A personal injury attorney can point to one of two different types of duty. The first is general duty. This type of duty applies to almost everyone and in almost every situation. Everyone is expected to conduct themselves in a reasonable manner, whether it is behind the wheel of a vehicle or as a property owner. The second type of duty is referred to as special duty. Special duty is duty that is imposed because of the laws of the federal or state government.

Examples of parties that special duty may apply to are common carriers, such as trucking companies, bus companies, and train companies. There are certain federal and state regulations that only apply to drivers of those types of transportation vehicles that do not apply to passenger vehicle drivers.

Breach of Duty: Once a personal injury attorney has proven that the defendant had a duty of care to the victim, the next element that needs to be proven is that the defendant breached that duty. This means that they behaved in a way that violated the required duty of care. For example, a driver who is texting has breached their duty of care.

Causation: The personal injury attorney must then prove that the breach of duty caused the incident that resulted in the victim’s injury. Using the texting and driving example above, if that texting driver hit another vehicle and the driver in that vehicle was injured, the first three elements have been met. The accident – which injured the victim – was a direct result of the texting driver.

Losses or Damages: Now that the personal injury attorney has proven the first three elements of negligence, he or she must now prove that the victim suffered losses from their injuries. This can include medical expenses, loss of income from not being able to work, pain and suffering, scarring, and more. A Newark attorney will be able to determine what those losses are for each individual case.

If you have been injured in an incident caused by another party, contact Rispoli & Borneo, P.C. to set up a free case evaluation with a Newark personal injury attorney today.