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Elements of a Personal Injury Lawsuit

personal injury lawsuit

There are numerous intricacies involved in personal injury cases in New Jersey. Despite these complexities, it doesn’t have to be complicated if you work with an experienced and trusted New Jersey personal injury attorney from the team of Rossetti & DeVoto, P.C. Our team will explain the entire process to you and guide you through it step-by-step. When you have a clear vision of what courts require to win a personal injury lawsuit, then you can rest assured of the result. This article will outline some of the elements of a personal injury lawsuit, so that you can make informed decisions moving forward.

A Duty to Exercise Reasonable Care

The first element of a personal injury case is to prove that the other party had a duty to exercise reasonable care. For example, if you suffered injuries in a car accident, the duty to exercise reasonable care in this situation is for the driver to operate their vehicle safely to avoid accidents due to negligence.

Failing to Provide Reasonable Care

The second element of a personal injury case is to prove that the other party failed to provide reasonable care. You will need to demonstrate that the responsible party did not responsibly fulfill the duty of care owed to you. For example, if you suffered injuries at a store in a slip-and-fall accident, the manager or another employee might be responsible. This is in case they did not post a wet floor sign or remove a tripping hazard.

nj personal injury attorneyCausation

The third element of a personal injury case is to prove causation. Even if the person’s carelessness was not the sole reason for the injury, it is still relevant. Of course, only if it played a role in the injury. The amount of your claim will be reduced based on your portion of liability in the accident. If you had zero liability, your claim will be for the full amount. If you had 49 percent liability, then your claim will face a reduction for that percentage.


The fourth element of a personal injury case is for you to sustain damages. Examples of application damages claimed in lawsuits include medical expenses, pain and suffering, lost income, disability, and more. If you did not experience any damages, then you will not be able to move forward with the claim. The court will also consider the severity of the damages. If your injuries are not severe, then the court could dismiss your claim. Consult with a personal injury attorney about your case to confirm the basis of your claim.

Injured in New Jersey? Call Rossetti & DeVoto, P.C. Today

If you or a loved one suffered an injury in New Jersey, you need to seek medical attention immediately. Because, medical records will provide proof of any injuries. After a physician examines your injuries, it is in your best interest to retain the services of an experienced and professional personal injury attorney that works in New Jersey. Rossetti & DeVoto, P.C. has a devoted team of attorneys who will fight aggressively to get you the compensation you deserve after an accident. Call us today at 844-263-6260 to schedule a free case evaluation and take the first step in winning your personal injury lawsuit.

Lou and Andy listed in Best Lawyers

Rossetti & DeVoto

Lou DeVoto and Andy Rossetti have been included in the New Jersey's Best Lawyers list for Personal Injury Litigation. This is the 16th year in a row that each attorney has been listed in the elite rankings.

Did you know . . .

Rossetti & DeVoto

Rossetti & DeVoto, PC was included in the latest listing of the Bar Register of Preeminent Lawyers by Martindale-Hubbell, a ranking of distinguished law firms in America. Fewer than 5% of all law firms are included in the Bar Register.

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