After being injured in an accident, your top priority should be your physical health and recovery. However, another important aspect of your recovery is pursuing legal action against the at-fault party. In order to collect compensation for your losses, you must be able to prove that your injury was caused by the negligence of another person or entity. For more information and to secure skilled legal advice, reach out to an experienced New Jersey personal injury lawyer today.
How Do I Prove My Injury Was Caused by Negligence in an NJ Claim?
There are four key elements of negligence that, if proven, will convince an insurer or court that the defendant’s negligent behavior caused your accident and injury. To win your case, you must prove the following elements with a preponderance of evidence, meaning that it is more likely than not that your claim is accurate.
- Duty of care: You must show that the defendant owed you a legal duty to act in a reasonable and responsible manner to keep you safe. For example, a driver has a duty to follow traffic laws to protect other road users.
- Breach of duty: You must prove that the defendant’s behavior was unreasonable and that a reasonable person in the same situation would have acted differently. For example, if a driver runs a red light, they have breached the duty of care they owe others.
- Causation: You must demonstrate that the defendant’s breach of duty directly led to your injuries by establishing that the incident would not have happened if the defendant hadn’t acted the way they did and that it was a reasonably foreseeable consequence of the breach of duty.
- Damages: You must prove that you suffered actual harm or losses, such as physical injuries, medical expenses, lost wages, or property damage.
If you can provide evidence demonstrating the above elements, you can prove the defendant’s negligence and win your case.
What Damages Can I Recover in an NJ Injury Claim?
New Jersey law recognizes both economic and non-economic damages in a personal injury case. If you are successful in proving the defendant’s negligence, you can be awarded economic damages for your financial losses, like medical expenses, rehabilitation costs, lost wages, and property damage.
You can also recover non-economic damages for the intangible impact of the injury, like pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive damages are rare but can be awarded under certain circumstances. This type of compensation is designed to penalize the defendant for their actions, not necessarily to reimburse you for any losses. If the defendant’s behavior was exceptionally reckless or intentional, the court may impose additional damages to punish the offender and deter others from engaging in similar behavior.
For more information and legal counsel during your injury case, reach out to a skilled attorney today.
