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INJURY AND EMPLOYMENT LAWYER

Comprehending Liability in Cases of Personal Injury

January 2, 2024
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Cases involving personal injuries can result from a variety of mishaps and situations, such as vehicle collisions and trips and falls. One essential idea that is vital in these situations is “liability.” Liability must be understood by both defendants fending off claims and plaintiffs pursuing damages. We’ll go over the definition of responsibility in personal injury cases in this blog, along with how it’s calculated and a comparison of the comparative negligence rules in New Jersey and New York.

In cases of personal injury, what is liability?

Liability in personal injury law relates to obligation under the law. It denotes that when someone acts carelessly, intentionally, or with recklessness, they are held accountable for the harm or losses that another person sustains. Since it establishes who is responsible for paying the injured party, establishing culpability is a crucial component in personal injury lawsuits.

Establishing Liability

In cases involving personal injuries, liability is established by evaluating the following components:

  • Duty of Care: Proving that the defendant owed the plaintiff a duty of care is the first stage in proving responsibility. This indicates that the defendant was required by law to behave properly and shield others from damage in a comparable situation.
  • Breach of Duty:Next, it is necessary to demonstrate that the defendant failed to uphold their duty of care. This entails proving that the defendant did not act or did not act with the level of care that was reasonable under the circumstances.
  • Causation: It must be demonstrated that the plaintiff’s injuries were directly caused by the defendant’s breach of duty. That is, the injuries would not have happened “but for” the defendant’s deeds.
  • Damages: Lastly, the plaintiff needs to show that the defendant’s acts caused them to actually incur damages. Medical costs, missed income, pain and suffering, and other things are examples of damages.

Comparative New Jersey and New York Negligence Laws

It may be argued that both parties bear some blame for the accident or injuries in some personal injury lawsuits. Laws pertaining to comparative negligence apply in this situation. Comparative negligence statutes are present in both New Jersey and New York, however they operate somewhat differently:

New Jersey:The state of New Jersey adheres to a modified version of the comparative negligence rule, known as the “51% rule.” As long as the injured party’s fault does not exceed the defendant’s, they are still entitled to damages under this rule. Nonetheless, the harmed party is not entitled to compensation if it is determined that they were at least 51 percent at fault.

New York: The pure comparative negligence rule is applied in New York. This implies that the injured party is still entitled to damages even in cases where they bear some of the blame. Nonetheless, the amount of their compensation will be diminished based on the extent of their culpability. For instance, the injured party’s damages will be lowered by 20% if they are judged to be 20% at fault.

It is crucial to comprehend comparative negligence and liability regulations while bringing or defending against a personal injury lawsuit. To increase the likelihood of a successful outcome, it is necessary to speak with an experienced personal injury lawyer who can evaluate the particulars of your case and guide you through the legal complexity.

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