How Do I Prove an Injury Was Caused by Negligence in NJ?

Proving negligence after an accident in New Jersey can feel like navigating a complex maze, especially when you are solely focused on getting your life back on track. Establishing another party’s carelessness directly caused your injury is the cornerstone of securing fair compensation for your damages. Please continue reading as we explore the elements of negligence and how a determined Morris County Personal Injury Attorney can help you gather compelling evidence to support your claim. 

What Does “Negligence” Mean in New Jersey Personal Injury Law?

Negligence is defined as the failure to exercise the care that a reasonably prudent person would demonstrate in a similar situation, thereby resulting in harm to another individual. In a New Jersey personal injury claim, the injured party (plaintiff) has the burden of proving that the defendant (the at-fault party) was negligent, which caused the plaintiff’s damages.

To successfully prove negligence, certain elements must be demonstrated:

• Duty of Care: You must prove that the defendant had a legal obligation to act in a way to avoid causing harm to others. For instance, a driver has a duty to follow the rules of the road and operate their vehicle safely to prevent collisions. Similarly, property owners have a duty to maintain a safe environment for guests and provide adequate warnings of potential dangers.
• Breach of Duty: Next, you will need to prove that the defendant violated their duty of care. This means that you must show that the defendant’s actions or failure to act were careless. For instance, a property owner who fails to remedy a known hazard, such as a slippery floor, breaches their duty to keep the premises safe for visitors.
• Causation: You will also need to prove that the defendant’s breach of duty directly caused your injury. Essentially, you need to show that the defendant’s actions or failure to act was the proximate cause of your injury.
• Damages: Finally, you will need to prove that the injury caused you actual harm, whether physical, emotional, or financial. This may include medical bills, lost wages, and mental anguish.

How Long Do I Have to File a Personal Injury Claim in New Jersey?

In New Jersey, the statute of limitations is two years from the date of an accident to file a personal injury claim. However, there are certain exceptions. For instance, claims against government entities require a 90-day notice, or for cases involving minors, that clock strikes on their 18th birthday. In cases involving medical malpractice, the clock typically begins from the date the injury was discovered. If you fail to file your claim within the allotted timeframe, you will face the absolute bar of recovery. By missing the deadline, you forfeit your right to pursue legal action for your damages.

Engaging an attorney at Lutz Injury Law is crucial. Our legal team is prepared to help you build a robust case, ensuring your rights and interests are protected. Connect with our firm today to schedule a consultation.