When an individual suffers an injury caused by someone else’s negligent behavior, they may be entitled to compensation for their damages. Negligence is a legal concept that plays a crucial role in personal injury cases in New Jersey. Understanding the concept of negligence is essential to know how to proceed with a personal injury claim.
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What is Negligence?
Negligence is an act or failure to act with reasonable care that results in injury or harm to another person. A person is said to be negligent when they act in a way that a prudent and reasonable person would not have acted. In other words, negligence occurs when a person fails to exercise due care and caution that a reasonable person would do in a similar situation.
Elements of Negligence
To prove negligence in a personal injury case, the plaintiff must establish the following four elements:
Duty of Care
The defendant must have owed a duty of care to the plaintiff. A duty of care is a legal obligation that one person owes to another to maintain a reasonable level of caution and care to avoid causing them harm.
Breach of Duty
The defendant must have breached their duty of care. The plaintiff must show that the defendant did not exercise reasonable care and caution, which resulted in the plaintiff’s injury.
Causation
The defendant’s negligence must be the cause of the plaintiff’s injury. The plaintiff must show a direct link between the defendant’s breach of duty and the harm they suffered.
Damages
The plaintiff must have suffered damages as a result of the defendant’s negligence. These damages can include physical injuries, emotional distress, lost wages, and other financial losses resulting from the injury.
Comparative Negligence in New Jersey Personal Injury Cases
New Jersey is a comparative negligence state. This means that if the plaintiff is partially at fault for their injuries, their compensation could be reduced by their percentage of fault.
For example, suppose the plaintiff is found to be 25% at fault for causing their injuries, and the defendant is 75% at fault. In that case, the plaintiff’s compensation will be reduced by their percentage of fault, i.e., 25%. Therefore, if the total damages were $100,000, the plaintiff would receive $75,000 in compensation.
Contributory Negligence vs. Comparative Negligence
It’s essential to distinguish between comparative negligence and contributory negligence. Contributory negligence is a legal doctrine that bars the plaintiff from recovering any compensation if they contributed to their injury, even if the defendant was also negligent.
New Jersey does not follow the contributory negligence doctrine. Instead, it applies the comparative negligence doctrine, which allows plaintiffs to seek compensation even if they contributed to their injury.
Conclusion
Negligence plays a critical role in New Jersey personal injury cases. Understanding the concept of negligence and the four elements required to prove negligence is essential for plaintiffs to pursue claims for compensation. Additionally, understanding the concept of comparative negligence is crucial for plaintiffs to understand how their level of fault can impact their compensation. It’s essential to consult with an experienced personal injury attorney who can evaluate your case’s strength, help establish negligence, and maximize your compensation.