There are many ways an accident can happen. When it is due to a party’s negligence and someone becomes injured, this is known as a personal injury accident. These situations can often be life-altering. Many times, victims of these accidents want to hold the negligent party responsible for their injuries. This can be done through a personal injury lawsuit. During this process, the injured party must prove the other party’s negligence. To do so, are required to satisfy the burden of proof, showing that the defendant breached their duty of care which directly caused the victim’s injuries.
When a person has a duty of care to others, it can either be express or implied. The injured party must prove that the duty existed. This can be done through the following:
Proving A Duty of Care Existed
The injured party must understand why the other party had a duty of care before holding them responsible for injuries. When an accident occurs because of hazardous property conditions, the property owner is responsible. In New Jersey, property owners are legally required to ensure their property is safe so that others are not harmed. If they do not look after their property, the owner can be held responsible for injuries that occur as a result. This is done through premises liability laws.
Sometimes, an accident may happen at the expense of a defective product. If a product is made incorrectly, malfunctions can occur. When this happens, people can become seriously injured as a result. Manufacturers can be held liable in these situations through product liability laws.
Prove the Duty of Care Was Breached
After the duty of care is proven, it must be shown how it was violated. Evidence that the injured party may use to prove this can consist of:
- Incident reports
- Eyewitness testimony
- Expert witness testimony
- Surveillance footage
- Chemical test results
- Pictures or videos of the scene
One of the most important parts of a personal injury lawsuit is showing how the breach of duty caused the accident and the victim’s injuries. In order to do so successfully, the injured party is required to demonstrate how the accident took place. This is in addition to how the individual’s injuries, losses, and damages were a direct result of this.
When negligence is proven successfully, the injured party may be able to receive financial compensation for any damages. This covers any expenses that arise due to the accident. With this compensation, the injured party is able to focus on recovering instead of paying bills. However, to receive this compensation the injured party is required to prove that these damages were a result of the party’s negligence. Damages that may be recovered can include:
- Medical bills
- Lost wages and benefits
- The loss of future earning capacity
- Physical therapy
- Occupational therapy
- Court costs
Contact our Firm
Stathis & Leonardis, LLC is an experienced personal injury law firm in Middlesex County, New Jersey that is committed to helping clients who have been hurt because of the negligence of another party. If you have been involved in a motor vehicle accident or were injured on another person’s property, contact our firm today.