Woman calling insurance after car accident crashMarlton, NJ- Often, individuals who suffer accidental injuries at the hands of another party, whether those injuries occurred as a result of a car accident, truck accident or slip and fall, want to hold the at-fault party financially responsible. That generally means filing a personal injury claim, but having a successful claim depends on a person’s ability to prove negligence on behalf of the at-fault party.
At USAttorneys we strongly recommend you contact an accident lawyer in Marlton or near your New Jersey location to evaluate your case. Our team of attorneys understand the burden of proof New Jersey accident victims must meet in order to recover the compensation they deserve.
In order to have a valid personal injury or wrongful death claim, there are four things you must demonstrate either in settlement negotiations or in court. First you must show that the at-fault party had a duty of care and next you must show they breached that duty of care. You must also show that driver’s actions directly caused your injuries and you suffered damages as a result.
Duty of care means that the at-fault party had a responsibility to act in a manner that does not cause injury to others. Once you’ve established who is responsible for your accident, you must be able to show that your injuries were caused by that motorist’s actions or inaction.
You and your legal counsel need to prove that the at-fault party breached their duty of care, meaning the at-fault party failed to do what a reasonable person would do under the same circumstances. The Law Dictionary describes breach of duty as: “the neglect or failure to fulfill in a just and proper manner the duties of an office or fiduciary employment.”
You must also show that the person named in your personal injury suit was the negligent party that caused your accident. You can just sue any motorist who was acting negligently in the proximity of your accident, they must have a direct involvement in the collision you were injured in.
Lastly, you must be able to prove that the at-fault party’s negligence caused you physical and financial damage for which you deserve to be compensated. Damages can include compensation for your medical bills, property repair or replacement costs, loss of wages and emotional distress. Depending on the actions of the driver, you may also be entitled to punitive damages on top of your compensatory damages.
If you want to successfully recover the compensation you deserve for your accident, you and your New Jersey accident attorney must be able to prove the at-fault party was acting negligently. For the layperson, this can be an insurmountable task but not for the accident lawyers at USAttorneys. They understand that proving negligence is the foundation of a solid injury claim and will work hard on your claim. Contact one of our New Jersey lawyers immediately, so they can begin working on your case.
 

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