Do I have a valid injury claim under New Jersey law?
Accident Attorneys review valid injury claims for clients in Hawthorne, Prospect, Pompton, Wayne and across Northern New Jersey
People often forego seeking compensation for personal injuries because they are unsure if they qualify for financial settlements. The reality is that many of these people do a disservice to themselves by not seeking the advice of an attorney and seeking compensation. If your injuries were caused by the negligent or reckless behavior of another person, it is likely that you have a legal claim for liability in which you could seek financial recovery.
How is Negligence Defined in NJ Accident Cases?
Negligence is the failure of a person to act as a reasonable person would. Under the law, every person must act with a reasonable degree of care for those around them. Essentially, a person who acts negligently either fails to avoid or minimize the risk of harm to another person by doing something or not doing something.
For example, perhaps Jan and Jack are selling their home and they have an open house planned. Jan and Jack know that there is a sharp metal stake in the ground next to the swing because a jungle gym was previously there and there was one piece leftover. They did not remove the stake, did not tell their realtor, and failed to warn guests about the stake. Unfortunately, a small boy is injured when he runs towards the swing set, trips, and hits his face on the stake. The little boy loses his eye and has massive scarring. He needs reconstructive surgery as well as a prosthesis.
In the example above, Jan and Jack may be found negligent because they failed to do something that would have avoided harm to the young child. Even if Jan and Jack could not remove the stake themselves, they could have warned visitors about its whereabouts and put something up around or over the stake to avoid someone being injured. This is one of countless examples of negligence that may be a source of legal liability.
Types of Negligence under NJ Law
Further, negligence is not limited to injuries occurring on residential properties. In fact, the theory of negligence applies in almost any scenario. For example, common situations in which negligence is present include: motor vehicle accidents, supermarket slip and falls, swimming pool accidents, playground accidents, bar brawls, hit and runs, bicycle accidents, construction accidents, and accidents involving pedestrians.
What is Recklessness in a NJ Injury Claim?
In addition to negligence, the other party can be responsible for an accident if their own recklessness causes injuries. Recklessness occurs when a person knows that there is a risk of injury but disregards this risk. In other words, a person’s conduct is reckless when they do something knowing it is likely to place someone else in harm’s way, and yet they do not curtail their conduct. For instance, if a person speeds down a residential street with a posted speed limit of 25 mph, traveling at 50mph would be considered reckless. Knowing that pedestrians may be present and subsequently hitting a pedestrian constitutes recklessness, meaning that the pedestrian may have grounds to sue for their injuries.
Of course, not every scenario is as clear cut as those above, but these standards can be applied to a set of particular facts. Attorneys with experience handling personal injury matters know how to compare the facts of your case with the standards of negligence and recklessness.
Contact a Passaic County Personal Injury Attorney Today to Review Your Case
Essentially, you have nothing to lose by talking to an attorney, particularly if you are dealing with accident injuries. Our attorneys will review your case and take the time to discuss your potential for a legal claim. We may spot something that you are overlooking or simply aren’t aware of, so don’t run the risk of losing any options.
The Law Office of Del Sardo & Montanari has been fighting the legal rights of clients injured because of negligent or reckless behavior across Woodland Park, Paterson, Hawthorne, Wayne and across Northern New Jersey for many years.
We offer dynamic and one-to-one legal counsel to meet the unique needs of all our personal injury clients. Fill out our online form or give us a call through our Woodland Park office today at 973-233-4396 for a free consultation.