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Defining Negligence and Its Relevancy to Personal Injury Cases

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Defining Negligence and Its Relevancy to Personal Injury Cases

To understand negligence law, you must first understand what negligence is.  In the eyes of the law, someone is considered “negligent” in two distinct circumstances:

  • When a person does something they are not supposed to do
  • When a person doesn’t do something they are supposed to do

As a society, we expect maintain certain standards of conduct. When someone deviates from the standards of care we expect, this can rise to the level of negligence.

Doing Something One Is Not Supposed to Do 

Personal Injury CasesOne type of negligence occurs when someone does something they are not supposed to do.  For example, most people would agree that one should not take their eyes off the road when driving. Most people have also been in a situation where they dropped their phone on the floor, or it slid off the seat while the car was in motion.

If you take your eyes off the road as you lean down to retrieve the phone while still driving, this is an example of doing something you are not supposed to do.  Most of the time, you can retrieve their phone without any negative consequences.  Sometimes, however, this type of activity can result in a car accident that causes injury, or possibly even death.  This conduct may not rise to the level of criminal manslaughter, but it could result in a civil lawsuit as a result of negligence.

Not Doing Something One Is Supposed to Do 

The other way someone can be negligent is by failing to do something they are supposed to do.  In the simplest of terms, this could include failing to remove snow and ice from the sidewalk outside your house.  If another person is walking along, slips, falls and sustains injuries, this too could constitute negligence on behalf of you, the property owner.

Have You Been Injured Due to Someone Else’s Negligence? 

If you believe you have been injured due to someone else’s negligence, you may be entitled to compensation for your injuries or loss.  In New Jersey, you may be able to recover past and future medical bills, past and future lost wages, and property damage, if applicable.

The laws for filing a negligence suit require quick action, however.  Waiting too long could result in losing the right to ever file a claim in a court of law. If you believe you have been injured due to someone else’s negligence, contact the personal injury attorneys at Rosner Law Offices, P.C. today at (856) 692-6500.  We’re happy to meet with you to discuss the facts and circumstances of your injury to see if you have a case.

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