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Proving Negligence in a New Jersey Personal Injury Case

Personal injury accidents happen when a person becomes injured or dies due to another party’s negligence. These accidents can impact a person for the rest of their life. Because of this, the individual who is harmed in the accident can hold the negligent party responsible for their actions. This can be done through a personal injury lawsuit. With this, the injured party is required to satisfy the burden of proof in order to have a successful case. This means they must prove the defendant breached their obligation to provide a duty of care and that this breach directly caused their injuries.

A person’s duty of care to another can either be express or implied. Regardless of which it is, the injured party is required to prove it existed. This can be done through the following steps:

Proving A Duty of Care Existed

When proving a duty of care existed, the individual must understand how the accident happened and why the other party is liable. Property owners have an obligation to ensure their property is safe.  When an accident happens as a result of hazardous property conditions and someone becomes injured, the property owner may be held liable. This is done through premises liability laws.

Other times, an accident can occur because of a faulty product. When a product is made improperly, it can malfunction and injure the person using it. If a manufacturer produced a defective product that causes an injury, they may be held responsible. This is done through product liability laws.

Prove the Duty of Care Was Breached

Once it is proven that the other party had a duty of care, the injured party must then show how the duty was breached. This can be done through the following:

  • Incident reports
  • Eyewitness testimony
  • Expert witness testimony
  • Surveillance footage
  • Chemical test results
  • Pictures or videos of the scene

Causation

The next step in proving negligence is to show that this breach of duty directly caused the accident and the individual’s injuries. This is an important piece in proving the other party was negligent. This requires the injured party and their attorney to show how the accident took place and how the damages, injuries, and losses occurred as a result of it.

Seeking Damages

When an injured party has a successful case, they may receive financial compensation for the trauma they experienced. This allows the individual to recover without any worry of how they will afford the extra costs or lost wages they incurred as a result of the accident. To receive this compensation, the injured party must prove damages happened due to the negligence. Damages that may be recovered after an accident can include:

  • Medical bills
  • Lost wages and benefits
  • The loss of future earning capacity
  • Physical therapy
  • Occupational therapy
  • Court costs

Contact our Firm

Our firm understands how serious criminal and personal injury cases are. We are prepared to guide you towards a favorable outcome. If you are in need of experienced legal counsel in New Jersey, please contact The Law Office of Andrew S. Maze today for any criminal and personal injury matters.

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FAQ

If you’ve been in a car accident, seek medical help first, then contact an Auto Accident Attorney in Edison Township. The Law Office of Andrew S. Maze can help document evidence, communicate with insurers, and pursue compensation for injuries and damages.

An Injury Lawyer in Middlesex County, NJ helps you file claims, negotiate settlements, and represent your case in court. The firm ensures your rights are protected and you receive fair compensation for medical bills, lost wages, and pain and suffering.

We handle personal injury, auto accidents, truck accidents, DUI/DWI defense, slip and fall, and workplace injury cases throughout Middlesex County and Edison Township, NJ.

In New Jersey, DUI (driving under the influence) and DWI (driving while intoxicated) are treated similarly. A DUI Defense Attorney in Middlesex County, NJ builds your defense, challenges test results, and seeks reduced penalties or dismissal when possible.

Most Car Wreck Attorneys in Middlesex County, NJ, including Andrew Maze, work on a contingency basis, you pay no upfront fees. The firm only collects a fee if they win or settle your case successfully.

Settlement times vary based on the case’s complexity and insurance negotiations. Most auto accident injury cases in Edison Township settle within a few months, though serious claims may take longer if litigation is needed.

Bring accident reports, medical records, photographs, witness contact details, and any insurance correspondence. This helps your Accident Lawyer in Middlesex County, NJ assess your case quickly and accurately.

Yes, under New Jersey’s comparative negligence rule, you can recover damages if you were less than 50% at fault. A skilled Car Accident Lawyer in Edison Township can help determine liability and maximize your compensation.

Not always. Many personal injury claims handled by our Auto Accident Lawyers in Edison Township are settled out of court through negotiations. Court proceedings occur only if a fair settlement cannot be reached.

Simply call or submit a free consultation request online. Our Injury Lawyers will review your case, explain your options, and guide you through the legal process step by step.