Determining Fault in an Accident
In a personal injury lawsuit, the person claiming to have been hurt must prove that the other party was negligent in some action or inaction.
Although negligence requires a lesser level of proof than a criminal action, it does not mean that negligence is easily proven.
Who is at fault? Determining who is at fault is often the first step in a personal injury or accident lawsuit.
The person who actually caused the injury is not always the person who is at fault for the purposes of a personal injury lawsuit.
For example, if you are involved in a multi-car accident and you were the last car hit, the person who physically caused your injury was the driver of the car that actually hit you.
But the person who legally caused your injury may be the person who started the chain reaction of car accidents.
Proving negligence and fault requires that you be able to show other factors as well.
First and foremost is to show that the person who legally caused your injury had an obligation to take some action that would have prevented the injury.
The driver in a car accident has a duty to step on the brakes to avoid the accident or the store owner has an obligation to mop up wet floors.
Once you establish that the person has the obligation to prevent your injury, the next step is showing that the person failed to fulfill this obligation.
Is determining fault difficult? In some cases, making a determination of fault can be very difficult.
Since you did not witness the chain reaction that caused your injury, you may not be able to follow the chain back to a person ultimately at fault.
Or in some cases, the facts that prove negligence are entirely in the control of the person you believe hurt you.
In such cases, it can be very difficult to prove fault, even at a standard lower than a criminal case.
Statute of Limitations Generally speaking, in New Jersey the statute of limitations-the time period within which you must file a lawsuit-is two years from the date of the accident.
In some cases, the time limit starts to run when the injury is finally discovered as opposed to when the accident occurs.
If the state of New Jersey or a municipality in the state is potentially at fault, you have a shortened period of time to put the state or municipality on notice.
Contact a personal injury law firm today
Although negligence requires a lesser level of proof than a criminal action, it does not mean that negligence is easily proven.
Who is at fault? Determining who is at fault is often the first step in a personal injury or accident lawsuit.
The person who actually caused the injury is not always the person who is at fault for the purposes of a personal injury lawsuit.
For example, if you are involved in a multi-car accident and you were the last car hit, the person who physically caused your injury was the driver of the car that actually hit you.
But the person who legally caused your injury may be the person who started the chain reaction of car accidents.
Proving negligence and fault requires that you be able to show other factors as well.
First and foremost is to show that the person who legally caused your injury had an obligation to take some action that would have prevented the injury.
The driver in a car accident has a duty to step on the brakes to avoid the accident or the store owner has an obligation to mop up wet floors.
Once you establish that the person has the obligation to prevent your injury, the next step is showing that the person failed to fulfill this obligation.
Is determining fault difficult? In some cases, making a determination of fault can be very difficult.
Since you did not witness the chain reaction that caused your injury, you may not be able to follow the chain back to a person ultimately at fault.
Or in some cases, the facts that prove negligence are entirely in the control of the person you believe hurt you.
In such cases, it can be very difficult to prove fault, even at a standard lower than a criminal case.
Statute of Limitations Generally speaking, in New Jersey the statute of limitations-the time period within which you must file a lawsuit-is two years from the date of the accident.
In some cases, the time limit starts to run when the injury is finally discovered as opposed to when the accident occurs.
If the state of New Jersey or a municipality in the state is potentially at fault, you have a shortened period of time to put the state or municipality on notice.
Contact a personal injury law firm today
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