Recovering Damages in a Motor Vehicle Accident Claim in New Jersey
In the aftermath of a car crash, you can have significant unreimbursed medical bills or lost wages, or injuries can force you to give up activities you love. In such cases, you may need to take legal action to recover your losses. In most instances, your legal claim for compensation willbe based on a theory of “negligence.” To persuade a jury that you are entitled to compensation for your losses, you must prove that the defendant(s):
- Failed to act reasonably under the circumstances (i.e., breached a duty to exercise reasonable care),
- That breach of duty caused an accident, and
- You suffered actual losses as a result.
Under New Jersey personal injury law, all persons in society have a duty to engage in reasonablebehavior at all times and in all endeavors, including while operating a motor vehicle. The law doesn’t lay out a specific standard but allows the jury in each case to make a determination as to whether the defendant’s conduct was reasonable under the circumstances.
To establish causation, you first must demonstrate that the accident would not have occurred but for the defendant’s unreasonable action. In addition, you must show that the consequences of the defendant’s action were reasonably foreseeable.
Finally, there can be no recovery if there is no loss. The purpose of personal injury litigation is not to punish but to return the injured party to as close to whole as possible.
Contact Attorney Howard N. Sobel
At the office of Howard N. Sobel, we work closely with people who have suffered a personal injury in a motor vehicle accident in New Jersey. Contact our office online or call us at 856-424-6400 to set up a free initial consultation. Evening and weekend appointments can be arranged upon request. We accept all major credit cards.
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