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What is negligence?

| Jun 16, 2020 | Personal Injury |

There are times when a New Jersey resident experiences an unexpected injury. When a person is injured due to no fault of their own, they sometimes pursue a personal injury claim against someone else. Negligence is often part of a personal injury claim and is when a person acted in a careless manner that resulted in someone else getting injured or property being damaged.

Before an injured party can hold a person legally responsible for their injury, they have to prove negligence. There are four elements that need to be true in order for negligence to have occurred. The first element is duty. This refers to a defendant’s responsibility to act with care in a certain situation, such as driving safely. The second element in a negligence case is breach of duty. This means that the defendant did something that breached their duty of care by acting or failing to act in a certain way. The third element is causation. This means that the plaintiff claims that the breach of duty caused their injury. The final element is damages. This means that the plaintiff was harmed because of the defendant’s negligence and that the court should order compensation for their injuries.

An unexpected accident can have devastating consequences on an injured party and their family. There can be financial and emotional costs in which a family may wonder how they will ever recover. If the accident was due to another person’s negligence a legal professional who is skilled in personal injury can help their client get the answers they deserve as to what happened and who is at fault. They can investigate the cause of the accident and recover compensation for their client’s medical expenses, future medical expenses, lost wages and other damages.

A personal injury lawsuit may be necessary when an unexpected accident occurs. Those who are injured due to no fault of their own have the legal right to hold the negligent party responsible for their mistake.