A party’s duty of care can be either implied or expressed. Regardless, the injured accident victim will need to demonstrate that the duty of care existed. Depending on the type of accident, the at-fault party’s duty of care will be different. The following are common examples:
Premises Liability Claims – Property owners in New Jersey have a legal obligation to ensure their property is relatively safe from dangers that can lead to accidents. When an accident transpires as a result of a dangerous condition, which leads to a person’s injury, the property owner can be held accountable. Common examples of negligence in premises liability claims can include: Recently mopped or waxed floors that have no proper warning, Stairwells that have begun to show signs of deterioration for many years, Parking lot lighting that has not been properly working for months, and overgrown shrubbery that has caused an obstructed walkway.
Auto Accident Cases – As perhaps one of the most common types of personal injury cases, negligence in auto accident cases is usually easily determined. Drivers in New Jersey have a legal duty to drive carefully and abide by traffic laws. When these legal duties are disregarded and a traffic accident ensues, the negligent driver can be held accountable for the damages caused to others. Common examples of driver negligence include, but are not limited to: Driving while intoxicated, Driving while sleep deprived, Speeding, Driving erratically given weather or road conditions, Distracted driving, or Aggressive driving, commonly referred to as “road rage”.
Defective Product Cases – In some cases, a victim’s injury is caused as a result of a defective product. When a product is manufactured improperly or has a defective design, the injured victim can seek monetary reparations from the company that produced the defective product. Defective products can include, but are not limited to: Tires, Airbags, such as the Takata airbags, Infant cribs and carriers, and/or electric devices.
Proving a Breach in the Duty of Care – Once it has been established that the other party owed the victim a duty of care, the injured victim will need to demonstrate how the breach in duty led to his or her injuries. Depending on the case, this can be demonstrated with the support of the following: A medical evaluation, A medical report, Incident reports, Expert witness testimony, Eyewitness testimony, Video surveillance, Pictures of the scene, Pictures of the injuries and property damage, Chemical test results, and police reports.
Available Damages in a Personal Injury Case – When all required elements have been established, the accident victim can obtain financial restitution for the trauma experienced. This will provide the victim the opportunity to obtain necessary medical treatments and achieve a healthy recovery. It can also afford the victim extra incurred costs caused by the accident. Recoverable damages may include: Medical expenses, Loss of income, Loss of employment benefits, The need for future medical treatments, Court fees, Pain and suffering, Loss of enjoyment of life, and/or emotional trauma.
After an Accident, Obtain the Legal Support of a Skilled Personal Injury Attorney
In an instant, an accident has the potential to affect your life for many years to come. When the accident was caused as a result of another’s careless or reckless actions, the ability to recover compensation may be possible through a personal injury claim. Filing a claim, however, is not free from complications. Take swift action and obtain the legal support of a skilled attorney who will defend your right to a full compensation.
The attorneys at Smith & Williams Law Firm, LLC are exceptionally skilled in a wide-range of personal injury cases. With nearly two decades of dedicated legal experience, the firm has triumphantly helped hundreds of accident victims receive the compensation they were owed. Consider contacting the proficient team at Smith & Williams Law Firm, LLC today for a free case evaluation.