When someone else’s careless or reckless behavior causes you harm, you may have the right to seek compensation through a personal injury claim or lawsuit. In New Jersey, personal injury claims rely on evidence that helps prove the defendant’s negligence. In order to show that another party failed to act with reasonable care, you must understand the four elements of negligence and the information that will bolster your claim. Continue reading and set up your free consultation with an experienced New Jersey personal injury lawyer for skilled representation during your case.
What Are the Key Elements of Negligence?
During a personal injury claim or lawsuit, being able to demonstrate the four key elements of negligence is critical in establishing the defendant’s liability and being awarded compensation for your damages. Consider the following.
- Duty of care: You must show that the defendant owed you a duty of care to act with reasonable care to prevent accidents and injuries.
- Breach of duty: Demonstrate how the defendant violated the duty of care through their conduct.
- Causation: Provide information proving that the defendant’s breach of duty directly caused your accident and injury.
- Damages: Show how you suffered real damages, like financial or other losses, as a result of the accident and injury.
If you can establish these key elements, you can convince an insurer or court that the defendant was negligent and is therefore responsible for your injuries and damages.
What Evidence Is Needed to Prove Negligence in an NJ Injury Case?
In order to demonstrate the elements of negligence, you need clear and compelling evidence. The evidence relevant to your case will depend on the specific circumstances of the situation and what you have access to. However, below are some examples of common and pertinent pieces of evidence that may be relevant to your personal injury case.
- Police and accident reports
- Photos and videos from the accident scene, damage, conditions, and injuries
- Eyewitness statements
- Surveillance footage
- Medical records
- Employment records
- Expert testimony
- Personal journals
Each of these can provide important information that links the defendant’s behavior to the incident and establishes the impact the injury has had on your life.
What’s the Standard of Proof in a Personal Injury Case?
As the plaintiff, you bear the burden of proving your claim, meaning that it is up to you and your legal team to convince the court that the defendant is responsible for your damages. The standard of proof in a personal injury case is the preponderance of evidence.
This means that you must show that it is more likely than not (as in, greater than a 50% chance) that the defendant is liable for your injuries. This is a lower standard than the “beyond a reasonable doubt” used in criminal cases, but you must still provide convincing evidence to prove your claim.
To secure skilled legal counsel during your case, reach out to an attorney at Berliner, Cohen, Accardi & Grossman, LLC today.
