Important Terms in New Jersey Personal Injury Lawsuits
Children in the upper reaches of elementary school understand what they hear on the news well enough for it to terrify them but not well enough for them to put things in perspective. They hear about horrific accidents that leave them with the impression that things they have been doing their whole lives, like riding in cars or traveling by airplane, are so dangerous as to qualify as death-defying stunts. They also hear about lawsuits resulting from horrible accidents, in which the courts award the plaintiffs millions of dollars. This seems mind boggling to a child. On the one hand, how wonderful it must be to have enough money to buy millions of bags of Takis, plus a Cybertruck to transport them in. On the other hand, what is the point of having piles of money, more Takis than you can eat in a lifetime, and a Cybertruck if it will not restore your health or bring back a family member that you lost? Adults understand all too well that ill health and financial stress are a vicious cycle, but even they usually do not know how personal injury lawsuits work unless they have been so seriously injured in an accident that they considered filing such a lawsuit. For help understanding the laws related to injuries arising from preventable accidents, and the financial implications of these laws, contact a South Jersey auto accident lawyer.
Negligence and the Duty of Care
As a plaintiff in a personal injury lawsuit, your aim is to show that your injuries are the result of an accident caused by the defendant’s negligence. To prove that there was negligence, you must prove that the defendant had a duty of care toward you and that the defendant breached the duty of care. A duty of care does not always mean that the defendant was formally responsible for your wellbeing more than other people’s, as in a doctor and patient relationship. It can be more general. A duty of care is just a legal responsibility not to cause harm. Everyone who drives a car in New Jersey assumes a duty of care, meaning a legal responsibility to drive cautiously and follow traffic laws.
In the context of car accidents, lawyers and insurers sometimes use the term negligence interchangeably with fault for an accident. New Jersey is a comparative negligence state, which means that insurers and courts can find more than one driver partially at fault for the accident.
Different Types of Damages in Personal Injury Lawsuits
The money you request in a personal injury lawsuit is called damages. The term economic damages refers to money that reimburses you for money you lost because of the accident, such as medical bills and lost income from being unable to work due to your injuries. Noneconomic damages are compensation for pain and suffering.
Contact Monaco Law About Car Accidents
Contact Monaco Law PC in Marlton, New Jersey to discuss your car accident case. Joseph Monaco is a New Jersey and Pennsylvania personal injury lawyer serving Atlantic County, Burlington County, Cape May County, Camden County, Cumberland County, Gloucester County, Mercer County, Middlesex County, Ocean County, Salem County and all of South Jersey.
Source:
findlaw.com/state/new-jersey-law/new-jersey-negligence-laws.html
