In New Jersey, personal injury is defined as any emotional distress or bodily harm person suffers at the hands of another person or a company. When the harm is caused in part by or completely by another party’s negligence, intentional behavior, carelessness or recklessness, the injured party may sue. By suing the injured party may be entitled to collect money from the wrongful party.
A personal injury may seem like a simple case to resolve. However, it is quite complicated. A simple case can become extremely complicated quickly. That’s why it is always important to hire a personal injury lawyer northfield nj to assist in resolving a personal injury case.
Negligence is the Foundation of Any Personal Injury Case
In New Jersey, the foundation of any personal injury case is negligence. Negligence is defined as the failure to act as a reasonable person would have in the same and/or similar circumstances. Negligence is proven in four ways.
The first element is to show the wrongful party owed the plaintiff a legal duty. This legal duty makes the wrongful party responsible for completing a task such as driving without causing an accident with an injury. If this does occur, they are considered in breach of their legal duty. In the second step, breach of duty must be proven.
The third step of proving negligence is to show that the wrongful party’s actions led to the plaintiff’s injury. This means the wrongful party did something or failed to do something. Their negligent action caused the accident which lead to the plaintiff’s injuries. This element connects the accident to the wrongful party.
These three steps must be proven in order to get to the final step. The final step is where a plaintiff can receive compensation for their accident-related expenses. It involves proving the plaintiff was actually injured in the accident. The court doesn’t want pictures of injuries as a way to prove payment. It wants bills. These bills and other evidence are vital in getting paid.
Compensation in a New Jersey Personal Injury Case
In New Jersey, there are two issues regarding personal injury compensation. They are liability and damages. Before damages can be considered by a judge or jury, the plaintiff must prove all elements of their negligence case. The three elements prove that the wrongful party is liable for the injuries. The last issue, if they are successful, is damages. Damages are the amount of money the wrongful party must pay to the plaintiff.
By proving damages, the injured party proves they were injured. They also must prove the damages caused by the wrongful party’s negligent behavior such as medical bills, pain and suffering and lost wages. Not all cases go to civil trial. Most personal injury lawsuits are settled out of court. This is called an out-of-court settlement. An attorney is vital in this situation because the wrongful party may try to settle for much less than what the case is worth.