The Role of Negligence in a Personal Injury Claim
Negligence occurs when there is a failure to exercise care that would have otherwise been expected from a reasonable party under similar circumstances. Negligence plays a role in personal injury claims as most accidents that lead to a claim are caused as a result of another party’s careless, or negligent actions. Common cases that involve negligence include, but are not limited to: Automobile accidents, Motorcycle accidents, Pedestrian accidents, Bicycle accidents, Dog bite cases, Medical negligence, Slip and fall accidents, and Construction accidents.
Proving Negligence in a Claim
One of the most challenging aspects of a personal injury claim involves demonstrating that negligence played a role in the accident. In order to recover damages, however, the victim will need to prove this. To establish negligence, the following four elements must be demonstrated: The party at-fault for the accident owed the victim reasonable care; The party at-fault breached his or her duty of care through wrongful actions; These wrongful actions lead to the accident; and The victim suffered damages as a result of the negligent accident.
Every personal injury case is different and some can be very complex. For instance, some cases could involve more than one negligent party. As a result, it is important to investigate every detail of the case thoroughly in order to build a strong case.
Damages Available in a Personal Injury Claim
Upon a successful personal injury claim, victims of negligence may be able to recover the following damages: Hospital bills, Prescription costs, Medical care, Loss of income, Emotional distress, and Loss of quality of life.
When it comes to injuries, some damages may involve intangible losses. These are losses such as pain and suffering, where there is no numeric value to them. Although it can be difficult to put a price on emotional suffering, it is necessary, as it can provide a maximum amount of compensation that can eventually help a victim as he or she moves forward in life.
Speak to a Well-Versed Attorney serving victims in East Orange, New Jersey
An accident has the potential to change the trajectory of your life. When you suffer serious injuries that were caused because of another’s reckless conduct, you should not have to carry the burden of having to pay for the expenses that resulted from the accident.
When you or someone you care for has recently been injured in an accident in East Orange, time is of the essence, and it is important to act quickly and seek the legal advice of a skilled law firm.
The attorneys at Smith & Williams Law Firm, LLC are proficient legal advocates fighting for the rights of injured victims. The firm has helped thousands of victims recover compensation for medical expenses, loss of enjoyment of life, and the loss of future earnings. When working with a skilled law firm, you help ensure that you receive the maximum amount of compensation available. As an injured victim, this can make a significant impact on your recovery. Consider speaking to a seasoned attorney at Smith & Williams Law Firm, LLC today for a free initial consultation.