Negligence

All personal injury claims in New Jersey are centered on negligence. Regardless of whether the case is an auto accident or premises liability claim, the level of negligence attributed to each party will control the outcome of the case. This is no scientific determination by any stretch of analysis, and many times cases can be very complicated and strongly defended. This is especially true when there are multiple defendants and the plaintiff has a reasonable amount of personal fault for creating their own injuries in an accident. It is always vital to have experienced negligence attorneys in Livingston NJ like Gruber Schwartz & Posnock handling your case because of the legal wrangling that often occurs in personal injury situations regarding negligence.

Proving Negligence

Proving negligence in a personal injury case is incumbent upon the plaintiff, and it is no small legal task. The plaintiff legal counselor must prove the injury occurred and that the injury was at least partially the fault of the defendant. The proof does not need to establish direct or total fault, but only that the defendant contributed to the fact at a level greater than the plaintiff. This is accomplished through documentation and testimony in most instances. Defendants legal counsel can also provide a counter argument for each claim and deflect negligence back to the plaintiff under certain circumstances.

Understanding Comparative Negligence

Comparative negligence is the legal doctrine that plaintiffs in personal injury cases are often negligent themselves in causing the injury. All states have some form of established comparative negligence statute. New Jersey uses modified comparative negligence at the 51% bar level, which means that any injured claimant who is assessed at a 51% or greater responsibility level for their own accident producing the injury is barred from any compensation. This possibility alone is enough incentive for insurance companies to force a case to a trial, and having solid legal representation is essential for a successful outcome.

Contact a New Jersey Personal Injury Attorney

The potential for an unfavorable comparative negligence assignment in any personal injury claim is obvious in the state of New Jersey. Never attempt to handle a case personally. Always contact Gruber Schwartz & Posnock negligence attorneys in Livingston NJ for comprehensive representation.