In the first two parts of this overview of negligence, we talked about the standard of care and about causation. Before you can get any kind of monetary award after suffering a personal injury, you must first show that the defendant failed to (or breached) a duty to act as a reasonable person under the circumstances. You must then show that the defendant's breach actually caused an accident that the losses you suffered were reasonably foreseeable. But that's still not enough to warrant financial recovery in a personal injury lawsuit. You must also show that you had actual losses.
In an earlier blog, we talked about the standard of care in a personal injury claim based on negligence and discussed how, as an injured party, you must show that the defendant had a duty to exercise a certain level of care and that the defendant failed to (or breached) that duty. But that's not enough to successfully prosecute a personal injury claim. Once you've established the duty and the breach, you must then show that the breach "caused" your injuries.
If you've been injured by another person, there are a number of different approaches to pursuing compensation for your losses, based in part on how the law treats certain types of acts, and in part on the state of mind of the person committing the act that caused your injury. For general purposes, though, most personal injury claims are either based on an intentional act or negligence. The vast majority of personal injury lawsuits allege negligence.
In the hustle and bustle of today's world, with increasing traffic on the roads, more and more pedestrians are suffering injury because of the carelessness or negligence of motor vehicle operators. In most instances, drivers simply fail to exercise the degree of care necessary to protect the rights of innocent pedestrians. Unfortunately, when the human body collides with a few thousand pounds of metal, the injuries are usually serious and catastrophic. You have rights and remedies.
If you have been injured on a construction site in New Jersey, you may think workers' compensation is your only source for financial recovery. To the contrary, other claims may be available to you, including recovery from third parties for negligence, as well as damages for dangerous and defective products, including tools, machinery and equipment. At the Law Office of Mallon & Tranger, we have extensive experience handling these types of claims. To learn more about how we can help you, contact us by e-mail or call our office at 732-702-0333 to arrange a meeting.