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Proving Negligence in New Jersey Personal Injury Claims


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9/16/2010
Daniel J. O'Brien
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One of the most complicated aspects of filing a New Jersey personal injury claim is proving another party's negligence.

While you may have a clear idea of what occurred, you'll need to provide solid evidence that supports your version of the events. An experienced New Jersey personal injury lawyer can review your case to help prove the other party was entirely or mostly at fault for your accident and injuries.

The following elements must be considered when attempting to prove another party's negligence in a New Jersey personal injury claim:
 

  • the defendant must have owed you a duty of care;
  • this duty of care was violated or neglected;
  • there was a cause in fact relationship between their actions and your injuries;
  • your injuries directly resulted from that party's negligence; and
  • you can prove the injuries you sustained.  

Depending on the specifics of your accident, you may be dealing with more than one liable party, which can quickly complicate the situation. Your own amount of fault will also be considered in determining both your eligibility to file a personal injury claim as well as your final settlement award.

You can learn more about New Jersey's comparative negligence laws and how they may affect your injury claim by visiting our article library. 

Contacting a New Jersey Personal Injury Lawyer 

When it comes to proving negligence and determining what percentage you or a defendant was at fault, you'll want to have legal representation on your side. In fact, proving negligence may require the assistance of a New Jersey personal injury attorney who can carefully investigate your potential claim and if necessary, call in experts to help verify the negligence involved in your accident.

A New Jersey personal injury lawyer will work on your behalf to advocate that you get the compensation you deserve. Contact a New Jersey personal injury lawyer at White & Williams LLP today. We will provide a no-cost consultation on your case - 877-944-8396.



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