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Negligence is an important part of any personal injury case. Without evidence of negligence, you may not be able to prove your case and be awarded compensation. Work with a Middlesex County personal injury attorney for experienced representation.

What is Negligence and How is it Established?

Negligence refers to a person’s responsibility for the causation of an accident or injury. When a person is negligent they act in a way that opposes what a reasonable person would do, creating an unsafe situation or environment. When someone fails to exercise reasonable care they may cause an accident or injury, leaving themselves vulnerable to a lawsuit.

In a personal injury case, negligence can be established by assessing the following four factors.

  • Duty of care: The “negligent” party must have owed the other individual a duty of care. For example, when performing medical procedures doctors owe their patients safe practices and reasonable care.
  • Breach of duty: A person may be negligent if they breached this duty by acting in opposition to their responsibilities. If a doctor consumes alcohol before a surgery, they have breached that duty of care because they can no longer safely operate and could cause serious injury or even death due to their impairment.
  • Causation: There must be evidence provided showing the direct correlation between the defendant’s actions and the victim’s injuries or damage. Continuing the doctor example, it would be simple to draw a line from the intoxicated doctor with a scalpel to the patient’s unexpected injuries and lacerations. In some other personal injury cases it may not be as obvious.
  • Injury/damage: The victim must have sustained injuries or damages that can be compensated by the defendant.

If negligence is proven then the plaintiff may be able to win their case and receive compensation for their medical expenses, loss of income, loss of earning capacity, property damage, disability, and more.

Is Negligence Important in a Personal Injury Case?

Negligence is vitally important in every personal injury case. It is the factor that determines whether or not you, as the plaintiff, will be able to receive compensation from the defendant. Expenses can add up after a personal injury case so establishing liability is crucial. Without it, a court will not hold anyone liable for covering costs and damages.

What is Comparative Negligence?

In some cases, parties will share responsibility for the accident or injury. This concept is known as comparative negligence. During an accident case, a court will examine the details of the situation and assign each relevant party a percentage of the blame. Comparative negligence plays a major role in personal injury cases because it can impact the amount of compensation a victim is entitled to.

In New Jersey, individuals can only pursue compensation from the other party if their comparative negligence is less than the other individual’s. Negligence laws can be complex so it is always recommended to obtain legal advice from a skilled professional. Contact an experienced attorney during your personal injury claim or lawsuit.