Negligence Law in New Jersey
Posted October 15th, 2020 by Anthony Carbone.
Accidents can happen to anyone. However, if you are injured due to another party’s negligence, you could be eligible for compensation. In New Jersey, this provision is defined under negligence law. A person is considered negligent if they fail to act with a degree of care a reasonable person would. You are required to prove negligence in order to collect damages.
As a legal theory, negligence takes center stage in numerous types of personal injury cases. Any claim from a car accident to medical malpractice can be brought on this basis.
Do you believe the negligent acts of another have caused your injury? A Jersey City Personal Injury Lawyer can inform you of your rights, obligations, and legal options.
What Is the Legal Definition of Negligence?
According to New Jersey law, a negligent person is someone who fails to act as a reasonable person should. Consider a doctor treating a patient with lung disease. If they fail to provide treatment for the condition and instead treat the patient for a bone fracture, they could be considered negligent. This is especially true when the act causes the victim to suffer an injury.
Elements of a New Jersey Negligence Claim
Negligence is a legal theory and a basis for several personal injury cases. To receive damages for a claim based on negligence, you are required to establish the following four elements:
- Duty – First, you must prove that the negligent party owed you a duty of care. A driver owes other road users a duty of care not to endanger their lives. A doctor is also expected to provide their patient with competent medical care.
- Breach of Duty – Next, you must prove that the party breached this duty by acting a certain way or failing to act as a reasonable person would.
- Causation – Third, you must show that the negligent party’s breach of duty caused your injuries. You will be required to prove a direct connection between the two.
- Damages – Finally, you must convince the court that you deserve monetary compensation for your injuries and any related-losses. The damages can be economic, non-economic, or punitive.
New Jersey is a contributory negligence state. This means that you have to be less responsible for an accident than the negligent party to receive damages. For instance, if you are injured in a slip and fall, the property owner could argue that you were wearing improper footwear. A jury can then deliberate which between the dangerous condition, and your footwear was a bigger cause of the accident.
Contact a Jersey City Personal Injury Lawyer Today
Negligence law is a broad and complex area of the law. In New Jersey, it includes comparative negligence, which can significantly affect the outcome of a personal injury case. This is why you should never handle a claim without the help of a Jersey City Personal Injury Lawyer.
Attorney Anthony Carbone has been protecting the rights of personal injury victims for over three decades. If you or a loved one has been injured due to someone else’s negligence, he can help you pursue damages for your losses.
Contact his office today to schedule a consultation.