The concept of liability deals with when someone is financially responsible for the harm someone else suffered. Understanding this concept is essential to protecting your rights after a personal injury in New Jersey. Aronberg, Kouser, Snyder & Lindemann, P.A. can explain what you must prove to win your personal injury claim – and the evidence that can help along the way.
What You Must Prove in a New Jersey Personal Injury Case
Most personal injury cases are based on the legal concept of negligence. Negligence occurs when someone fails to act as a reasonably prudent person and harms someone else. You must be able to establish the following legal elements to prove negligence:
Duty of Care
The duty of care is the legal responsibility that someone has in a particular situation. For example, motorists must obey traffic laws. Doctors must provide medical care consistent with the applicable standard of care. Everyone is expected to exercise reasonable care to prevent harm to others.
Breach of Duty
A breach of duty occurs when someone fails to uphold their legal duty of care. You must show the defendant’s actions or omissions fell short of the expected standard of care in the given situation. For example, you must show the driver was speeding, or the doctor deviated from the standard of care.
Causation
Causation is connecting the defendant’s actions to your injuries. For example, you show that the accident would not have occurred if the driver was not speeding.
Damages
Damages are losses resulting from an accident, such as medical expenses, lost wages, or pain and suffering.
Evidence to Prove the Elements
Gathering and presenting evidence is critical to establishing liability in a personal injury case. You will need evidence to establish each element, such as:
Duty of Care
Establishing the duty of care requires showing the defendant’s legal responsibility. This may be based on:
- Traffic laws
- Medical standards
- Building codes
- Common law
Breach of Duty
You may be able to prove the defendant’s breach of duty through witness statements, accident reports, or other evidence that shows what they did wrong. For example, you may be able to get the other driver’s cell phone records to show they were distracted at the time of the accident, which is a violation of the distracted driving law.
Causation
Various pieces of evidence may be able to connect the defendant’s actions and your injuries, such as:
- Medical records
- Witness statements
- Videos or photos of the accident
- Statements from expert witnesses, including accident reconstruction specialists
- Business records
Damages
You will also need evidence to establish your damages, such as:
- Medical bills
- Medical records
- Statements from expert witnesses, including medical experts and expert witnesses
- Pay stubs
- Employment records
- Property repair invoices
- Receipts
Insurance Companies vs. Courtrooms
You must be able to present evidence to establish these legal claims whether you resolve it through a settlement with the insurance company, or your case goes to court. As the plaintiff in a personal injury case, you have the burden of showing the evidence by the preponderance of the evidence. If the insurance company thinks you cannot meet this burden, it will not be incentivized to offer a fair settlement.
Contact an Experienced Lawyer Today for Help Establishing Liability in Your Case
Proving liability can be difficult, but the experienced legal team at Aronberg, Kouser, Snyder & Lindemann, P.A. can help.
Contact us for a free consultation. We can review your case and explain how we can obtain evidence to prove your case.