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In order to understand personal injury law, it is important to understand how New Jersey law legally defines "personal injury". A legal definition of personal injury is an injury to your body, mind or emotions, but not to your personal property. Personal injuries may include many of the following: automobile accidents, medical malpractice, animal bites, slip and fall accidents, defective or dangerous products or workplace injuries.
If the negligent or intentional act of another person causes an injury, the injured party should retain legal representation as soon as possible, in order to preserve evidence. Even if it appears that the injuries are minor, or that no one is at fault, it may be beneficial to seek legal advice immediately.
Most injury cases require from the plaintiff to prove that the defendant acted negligently. In order to be considered a negligence claim, the plaintiff has to prove that:
The defendant owed a legal duty to the injured party
The legal duty was breached by the defendant
The defendant’s actions caused the injury.
The plaintiff was physically injured.
Every citizen has a duty to act as a reasonably prudent person under similar circumstances. If they fail to do so, defendants breach this duty. If the injury would not have occurred except for the defendant’s breach, the defendant will be found negligent. If the court determines that the defendant was acting negligently, which negligence was a proximate cause of plaintiff’s injuries, he or she may be liable for the plaintiff’s damages.
Your Newark Personal Injury Lawyers
The Newark personal injury firm of Kirsch, Gelband & Stone provides you with complete legal information to determine if your case will be successful under New Jersey personal injury law.
For further information call us at (973) 623-0100 or use our email contact form.