If you were badly injured in a preventable accident that took place in New Jersey, then you probably want to know if you can hold the reckless party accountable. Depending on the facts of your potential case, you could have grounds to pursue compensation through a personal injury claim.
Many personal injury claims are based on negligence. In order to prove that someone was negligent, the following legal requirements must be met:
- Duty of Care: the defendant owed the victim (plaintiff) a duty of care;
- Breach of a Duty of Care: the defendant breached, or violated, that duty of care;
- Proximate Causation: the defendant’s breach was the proximate or but for cause of the accident; and
- Economic and Non-Economic Damages: you suffered actual harm from the defendant’s conduct. Damages are typically supported through medical records, wage statements, and so forth.
For example, New Jersey motorists have a general duty to use reasonable care when operating a motor vehicle and to obey traffic laws. If a person drives drunk, they have violated that duty of care. If this violation caused an accident, and a person was hurt as a result, they could be held financially responsible.
Understanding Comparative Negligence
Many personal injury claims are relatively straightforward; it is clear to see who was at fault for an accident. However, in other situations, more than one person may be to blame for an accident. An injury victim can still recover for these losses, provided that their share of the fault is less than the defendant’s. In cases where more than one person may have been responsible for an accident, a jury will assign a percentage of fault to each person.
Under the principle of contributory negligence, a person who is injured in an accident can still recover for their losses as long as their share of the fault is less than the other party’s share. As long as you are 50% or less at fault, then you can still recover. However, your total recovery will be reduced by the percentage that you were at fault. For example, if you were found to be 30% at fault in a car accident case and you suffered $100,000 in damages, then your recovery would be reduced by 30%, or $30,000, to $70,000.
While most personal injury cases are based on a theory of negligence, there are some exceptions for specific types of cases. Product liability cases, which are a type of claim that can be brought when someone is injured by a dangerous or defective product, are determined based on strict liability.
Under the New Jersey Product Liability Act, you do not have to prove that a manufacturer, distributor, or retailer of a dangerous or defective product was negligent in order to recover. Instead, if you can show that the product was not reasonably safe or fit for its intended purpose, then the defendant will be held liable for your losses.
Have Questions? Speak to a New Jersey Personal Injury Lawyer
Bross and Frankel is a New Jersey personal injury law firm committed to helping people who have been injured in all types of accidents. With decades of combined experience helping injured people of Mt. Holly and throughout New Jersey, our dedicated team of personal injury attorneys know how to get results. To learn more or to schedule a free case evaluation, contact us today at (866) 694-7952
