What is Negligence?
Posted October 17th, 2013 by Anthony Carbone, PC.
Categories: Personal Injury.
Injury attorneys in Newark and elsewhere tend to talk about their cases in terms of “negligence.” If your accident was caused by someone else’s negligence you might be entitled to compensation, for example.
But what does that mean? What exactly is “negligence,” legally speaking?
The courts have long recognized that there’s a certain risk that comes with simply living your life. Not every problem can be avoided, and there’s not always someone at fault. Negligence is how injury attorneys and judges decide there might be a reasonable claim in a given incident.
Someone is negligent if they fail to exercise care that a reasonably prudent person would exercise. Negligence doesn’t require intent to harm; it is instead merely a measure of carelessness.
In order for a negligence claim to succeed, an injury attorney in Newark must prove four elements:
- The defendant had a “duty of care” to the plaintiff
- The defendant breached that duty
- That breach resulted in the injury suffered by the plaintiff
- The injury resulted in meaningful financial harm
Newark injury attorney Anthony Carbone understands the statutory requirements for negligence in New Jersey. He’ll evaluate your claim at a free initial consultation in order to determine if your case qualifies.
If you live in the Newark, New Jersey area and you’re looking for an injury attorney please contact The Law Offices of Anthony Carbone today for a free consultation.