Other people’s negligence can strike at any time and in many ways. When you are injured through no fault of your own, our attorneys can help you recover compensation by filing a lawsuit.
In a personal injury claim, our team can guide you on what elements must be met before your damages can be covered. We will gather evidence to show that the defendant owed you a duty of care based on the circumstances, such as another driver or your doctor. Our lawyers will then focus on how the defendant breached their duty of care to you. Crucially, we will use our evidence to prove that their negligence was the direct cause of your losses, which our team can calculate accurately so it is clear that you suffered actual harm.
Contact our personal injury attorneys at Agrapidis & Maroules, P.C. today by calling (201) 777-1111 and get your case assessed free of charge.
Establishing Fault in a Bergenfield, NJ Personal Injury Lawsuit
You might know that evidence, like medical documentation and eyewitnesses, is needed to prove your claims in a lawsuit. Still, you are likely unaware of the elements that must be established to do this. Upon reviewing your case, our personal injury lawyers can determine if the necessary legal elements are present based on the facts of the incident. For your claim to succeed, we must show that the negligent party owed you a duty of care and, because of their misconduct, breached that duty. Our attorneys will then argue that the defendant’s breach caused your damages that deserve to be compensated.
Duty
To hold the defendant liable, we must first establish that they owed you a duty of care. Whether someone owes another person a duty to their safety is a question of fact and will depend on the specific circumstances leading to your injuries and the relationship you had with the defendant. Common examples of legal duties will better illustrate this concept.
For instance, drivers owe anyone they reasonably expect to encounter while on the road a duty of care, including other drivers, passengers, pedestrians, bicyclists, and others. This means following all traffic laws and otherwise acting like other reasonable drivers.
In some vehicle accident claims, the duty of care might extend to others besides the driver who caused the collision. Suppose a commercial truck driver hit you. They have a duty of care to you as the driver, but their employer might also be legally responsible for keeping their truck up to date on maintenance and equipment standards, as well as for monitoring the driver’s health and safety requirements, hours of service, etc.
Homeowners and commercial property owners also have a legal obligation to ensure their premises are safe for those invited. However, this duty can be legally transferred to another party through a contractual agreement, like a lease. For example, businesses like retail shops and restaurants, are typically liable for the property’s safety rather than the actual property owner. Individuals leasing an apartment are liable for its conditions, while the apartment owner or management company is responsible for the property’s common areas.
A clear example of a legal duty is the one medical professionals owe their patients. Healthcare providers’ standard of care generally includes providing treatment that meets accepted medical practices within their field. Whether they are doctors, nurses, or any other types of specialists, they owe their patients the same level of care as providers who are similarly educated, trained, and experienced.
Breach
Establishing breach means showing exactly what the defendant did to violate the standard of care.
In an auto accident lawsuit, we might argue that the defendant breached their duty by speeding, running a red light, or being distracted by their phone.
A property owner’s breach in a premises liability claim typically involves failing to fix, inspect, or warn those with a right to be there of a dangerous condition. Leaving old spills on the floor, not fixing loose railings on a stairwell, and failing to warn of uneven walkways are all common examples of a property owner’s breach of duty.
For medical malpractice claims, healthcare providers breach their specific duty when their care deviates from the practices of similarly situated medical professionals. Perhaps your doctor misdiagnosed your condition because they overlooked basic testing, provided incorrect medications, or wrote out the wrong dosage. A surgeon might have left an object in a patient, or a nurse forgot to check a patient’s condition when required. Our team can have medical experts explain to the court in understandable terms how the defendant breached their duty to you.
Causation
Establishing the breach of duty shows that the defendant was negligent, but you must prove that it caused your injuries. Our lawyers will argue that you would not have been hurt but for the defendant’s negligence and that they could reasonably foresee that their misconduct would cause the damages you sustained. Whether or not the defendant actually considered the consequences of their behavior does not matter, only that it would be foreseeable to reasonable people in a similar situation.
Suppose you were injured in a rear-end crash and suffered whiplash and spinal trauma because the driver was texting. In that case, our team could use phone records to show that you would not have been injured had the other driver not been texting at the time. We would then use medical records to show that your injuries and treatment are consistent with that type of accident, and the defendant should have reasonably foreseen that their actions would lead to the harm.
Damages
The last step to proving liability is to show that the breach of duty caused your damages. Most of your damages will likely be economic, like medical care costs and lost wages. However, you can also establish non-economic losses, including physical pain and emotional suffering.
Contact Our Bergenfield, NJ Personal Injury Lawyers for Help with Your Case
Call our personal injury lawyers at Agrapidis & Maroules, P.C. at (201) 777-1111 to get your case evaluated for free.