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Elements Of Negligence By Your Morristown Personal Injury Lawyer

By Author: Howard Popper
Total Articles: 4

If you are focused in filing a personal injury case considering the fact that this injuries that incurred to you were out of negligence, this belief has to be proven in the courtroom, as the court does not depends on any statement without some proofs. You may also be wondering what could be the case worth because these kinds of cases are very hard to be calculated. Remember, in any injury case, if you have suffered severe injuries, any kind of property damage as well as any other damages that have resulted maybe due to partially your fault or completely the fault of the other person, you will be eligible to seek compensation for the matters like this. In legal words, we state the term compensation as “Damages”. It is always a tough task to recover the damages if you plan to focus on your case on your own without any legal help. Thus, to make sure you get sufficient recovery, we have Morristown personal injury lawyer who is pro in getting the right judgment for their clients, and we can approach them to get the right benefit. Identifying the negligence party is one step, collecting evidence for the same in the second and finally proving it in the court is the last important step.

The Duty: Always Present

Every personal injury case starts with the defendant having a duty, and the duty they hold has to be followed without fail. This duty could be anything which is called as a “duty of care”, related to safety concern if it is a matter of accidents. For example, if there is a car accident, the defendant had the duty to drive safely.

The duty of care is between the two parties, amongst which one has the legal rights to act in a manner and make sure nothing goes wrong. This duty is also linked with the safety towards other vehicle or pedestrians on road. The action taken by the defendant or the action not taken by the defendant can breach the duty.

Another example could be: If someone is driving a car, they had the duty of care to make sure driving is done legally, the safety is considered as well as other vehicles or individuals on the road are not harmed.

Breach of the Duty

In negligence, the first point of concern is the duty which we discussed above, the next thing to focus on in the element of negligence is “breaching the duty”. Here the defendant had the duty and for some reason, they breached the duty by not exercising reasonable care to it. This is very important to be proved in the court by you.

This point is something that shows the court that the defendant was guilty of something. Also, your Morristown personal injury lawyer will be the one who could collect all possible evidence. The court will want to see whether the defendant actually breached the duty and if they are found guilty, the actions will be taken in the court regarding this.

For example, Someone was speed driving a car in a residential area on weekdays and they owed a duty to take care of the other pedestrian or vehicle by driving safety, but later it was found that that the driver hit 2 school children crossing the path. Here the driver had a duty of care, but by driving in speed they breached.

Injury Results

The next point that the court wants to see is whether the duty that was breached, resulted in any kind of injuries or loss to the victim? This is also a very important point that needs to be proved in the court. The claimant has to prove that the other party i.e. the defendant did not really care about following the laws and this is the reason the injuries incurred.

You must also have to prove the injuries by collecting evidence related to the accident, your injuries picture, pictures of the accident scene, a picture of your damaged car or anything that can be shown as damage resulted after the accident. Of course with insufficient knowledge of the laws, you won’t be able to give you 100% to the case, for this reason, you have to any which ways call up a Morristown personal injury lawyer who would help you in collecting solid evidence that can be proved in the court.

For example: If the car driver did not focus on the road and the accident occurred, this accident resulted into some very severe injuries, the victim had to the victim the hospital for a medical consideration and a long list of bills were charged.


This is the point in which the victim has to prove that the injury resulted after the accident was a clear and straight reason of the defendant breaching the duty. FAs there can be various reasons for the injuries to incur, the victim’s assumption is not the only proof the court wills considered.

If you are injured in an accident only medical records won’t be sufficient to prove the defendant as guilty, you must have solid evidence like a witness who saw the defendant breaching the duty, or any CCTV footage that clearly shows the negligence by the party that causes this severe accident.

For example, a truck driver crashed a motorcyclist who was riding in front of the truck and this crash resulted in some very serious injuries. Had the truck driver not crashed the motorcyclist the victim wouldn’t have suffered severe injuries on neck, back & on the legs too. So if the accident has occurred and the injuries have resulted, the court will see the reason that caused the injuries. If your assumption towards the defendant has proper evidence then you will always be at a safer side.

If you feel that you have a personal injury case, this element of negligence should be considered by you only then you can move on further with your case. Until and unless you don’t have solid evidence you won’t be able to prove this in the court of law. You will need a Morristown personal injury lawyer for your case for better results.

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