If you have been involved in a personal injury accident in New Jersey or elsewhere in the US, you may be entitled to compensation for your injuries and damages. However, successfully pursuing a personal injury claim can be complex and requires the help of an experienced attorney.
Before you start filing a claim, it’s important to understand the essential elements that must be present for your claim to be successful. Also, you should consult the best personal injury lawyer in NJ to file a successful case.
Here are the four essential elements of a personal injury claim:
If you have been involved in a personal injury accident in New Jersey or elsewhere in the US, you may be entitled to compensation for your injuries and damages. However, successfully pursuing a personal injury claim can be complex and requires the help of an experienced attorney.
Before you start filing a claim, it’s important to understand the essential elements that must be present for your claim to be successful. Also, you should consult the best personal injury lawyer in NJ to file a successful case.
Here are the four essential elements of a personal injury claim:
1. Duty of Care
For a valid personal injury claim, the defendant (the person or entity being sued) must have owed the plaintiff (the person bringing the lawsuit) a duty of reasonable care. This means that the defendant was obliged to act a certain way to prevent harm to the plaintiff.
For example, drivers have a duty of care to operate their vehicles safely and not cause accidents. Similarly, a property owner has a duty of care to maintain their property in a safe condition and to warn visitors of any potential hazards.
When someone breaches their duty of care and causes harm to another person, they may be held liable for any damages incurred.
Check out these statistics about personal injuries by the New Jersey Department of Health.
2. Breach of Duty
The next element of a personal injury claim is a breach of duty. This means that the defendant failed to fulfill their obligation to act in a certain way to prevent harm to the plaintiff.
For example, if a driver runs a red light and causes an accident, they have breached their duty of care to operate their vehicle safely. If a property owner fails to fix a hazard on their premises, such as a wet floor or broken railing, they have breached their duty of care to maintain a safe environment.
3. Causation
In order to have a valid personal injury claim, the plaintiff must be able to show that the defendant’s action caused their injuries. This means that the accident would not have occurred but for the defendant’s action or inaction.
In other words, you must be able to prove that your injuries were caused by the defendant’s actions or lack of action. Or at least the defendant’s neglect or breach of care contributed to the accident.
There are two types of causation that must be established in a personal injury case: factual causation and legal causation.
Factual causation refers to whether the defendant’s actions were actually the cause of your injuries.
Legal causation refers to whether the defendant had a legal duty to act in a certain way and whether their failure to do so was the cause of injuries or damages.
Establishing causation can be complex, and it’s essential to have strong evidence and a top personal injury attorney on your side to support your claim.
4. Damages
And finally, the fourth element of a personal injury claim is damages. As a plaintiff, you must be able to show that you suffered some sort of loss or injury as a result of the accident. This can include physical injuries, emotional trauma, and financial losses, such as medical bills and lost wages.
Consult the Best Personal Injury Lawyer in New Jersey
If you have been involved in a personal injury accident in NJ, you must consult a top personal injury attorney or top personal injury lawyer to determine if you have a valid claim.
At the Sekas Law Group New Jersey, our team of the best personal injury attorneys has experience in various personal injury cases. Whether you’re looking for car accident lawyers, workplace accident lawyers, dog bite lawyers, slip and fall lawyers, or wrongful death lawyers, we have you covered.
We’ve also helped our clients get maximum compensation for truck accidents, pedestrian accidents, rideshare accidents, product liability, premises liability, medical malpractice, nursing home negligence, construction accidents, and workplace accidents.
Contact us today to schedule a consultation and learn more about your legal options.
Call us at (201) 816-1333 or (212) 695-7577.