What Is the Burden of Proof? What Must the Evidence Show for You to Recover Compensation?
You’ve been hurt because of the carelessness of another person. Maybe another motorist ran a red light or stop sign and collided with you. Maybe you slipped and fell on icy or snow-covered steps at a business or personal residence. When the wrongful act of another person causes you to suffer any type of injury or loss, you have the right to take legal action to recover for your losses. What do you have to prove to recover full and fair compensation in a personal injury lawsuit?
Potential Losses Related to a Personal Injury
After an accident, you have the right to seek damages for the following:
- Wages and income lost because you couldn’t work
- Any medical expenses related to the accident that are not covered by insurance
- Any physical or emotional pain or suffering caused by the accident
- Your inability to do things you could do before the accident
- Your inability to have close family relationships because of your injuries
- Any property damage or loss due to the accident
What Is the Burden of Proof in a Personal Injury Lawsuit in New Jersey?
In New Jersey, to successfully obtain a verdict in a personal injury claim, you must prove your case “by a preponderance of the evidence.” Unlike the criminal standard of “beyond a reasonable doubt,” this standard requires only that you demonstrate to the jury that your version of the facts is more believable than the defendant’s version.
What Must You Prove to Prevail in a Personal Injury Lawsuit in New Jersey?
Most personal injury claims in New Jersey are based on a legal theory of negligence. To successfully prove negligence, you must demonstrate to the jury that:
- The defendant (person from whom you seek compensation) failed to act as a reasonable person would under the same circumstances;
- The failure by the defendant to act reasonably caused an accident; and
- You suffered actual losses as a result of the accident.
How Does the Jury Determine What Is “Reasonable” Conduct?
The law imposes a duty on everyone in society to act as a reasonable person would in all actions, whether driving a car, maintaining property, or designing and building a product. There is, however, no specific criteria for identifying when a person’s actions are considered “reasonable.” Instead, a jury must look at the evidence provided and determine whether the defendant acted in the same manner as w0uld an “ordinary person of average prudence, care and foresight.”
How Is Cause Established in a Personal Injury Claim?
To prove causation in a personal injury lawsuit, the injured party must show that the defendant’s carelessness was both the actual and proximate cause of the accident and the ensuing injuries. “Actual” cause is commonly defined as “but for” cause—the accident would not have occurred but for the carelessness of the defendant. Proximate cause, however, requires a bit more. To establish proximate cause, an injured person must show that the accident and the resulting injuries were reasonably foreseeable as a consequence of the carelessness.
Contact the Law Offices of David J. Karbasian, PC
Send us an email today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
We handle all personal injury claims on a contingent-fee basis. You will not incur any legal fees unless we recover monetary compensation for your losses.
