Determining Liability in a Bloomfield Personal Injury Lawsuit

Understanding who is legally responsible is the most important aspect of any personal injury case. Liability means that a person, business, or other party is held accountable for causing harm to someone else. If you can’t prove fault, you have no one to collect damages from.

In most personal injury cases, you need to show that the other party was negligent. This means they acted in a way that a reasonable person wouldn’t have, or they failed to take actions that could have prevented harm. Negligence is more than making a mistake; it’s about failing to meet the basic duty everyone has to act safely around others. To win your claim, you or your experienced Bloomfield personal injury lawyer will need to prove all of the following elements:

Duty of Care

A duty of care is the basic responsibility a person or entity has to avoid causing harm to another based on the relationship that exists between them.

For example, every driver on the road must drive carefully and follow traffic laws to keep others safe.

Breach of Duty

A breach of duty occurs when someone fails to meet that responsibility. If a driver is texting while driving, they are not acting as a careful driver should. This step is about showing that the other person’s behavior fell short of what is expected.

Causation

Causation is showing a direct link between the breach and your injury. For instance, if the driver who ran the red light crashes into your car, that action is the clear cause of your injuries. If the driver was negligent but that wasn’t the cause of the accident, your claim won’t succeed.

Damages

Damages refer to the actual harm or losses you suffered because of the accident. This can be medical bills, lost paychecks, pain and suffering, or things you can no longer do.

For example, if a car crash left you with a broken arm, hospital bills, and missed work, those are damages you can seek compensation for.

Important Evidence Used to Prove Negligence

Understanding the elements that must be shown to prove negligence is a good start, but it’s also important that you understand what evidence is used to do this so you know what to gather after your accident. Some of the most common types of important evidence include:

Photos or videos from the scene, including damage, road conditions, and injuries
Police or accident reports that document what happened and who was involved
Medical records that show the extent and cause of your injuries
Witness statements from people who saw the accident or its aftermath
Repair estimates or receipts for property that was damaged
Any available dashcam or surveillance footage showing the incident
Documentation of missed work or lost wages due to your injuries

When you start working with a lawyer, they’ll help you collect this evidence, but some of it is important to start gathering at the scene. If you have any questions or you need help with your case, contact us today to schedule a free consultation with a personal injury lawyer.

Lia Abrams

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michele conti

If you ever find yourself in the unfortunate situation of being injured in a car accident, look no further! Forget all those big billboard lawyers and call this firm immediately. Diane Cordoso handled 2 cases for me... I had the bad luck of being hit more than once in a short period of time.... Diane, Maria, her assistant, and the entire team are compassionate, professional, and are perfect examples of what you need in these situations. They communicate every step of the way and are always on the ball. I sincerely hope to never have to use their services again lol... I've had enough careless drivers hit and injure me thanks... BUT God forbid I'm ever in that horrible situation again, I know who to call. If your attorney isn't getting the job done, call this firm! TODAY!

Megi Verzivolli

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Really appreciated the thoughtful, proactive, kind, efficient, and respectful interaction during a time of tragedy and shock that I had never experienced before. I called and asked some questions about how they do business, after researching a bit online on what to ask a personal injury lawyer and find a good fit – I strongly advise anyone to do the same and not make a rushed decision. I highly recommend working with the team. I'm very glad I went them in the end – thank you for your help and for standing up for me when I wasn't able to. PS Diane is awesome (:

Ilzo Silva

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Highly recommended! The process was long due to my case beginning when COVID started but rest assure this law firm was with me the whole time. The communication was great. Not one time was I ever disappointed in the process. The outcome exceeded my expectations. Kathleen and her team are amazing. I know I was annoying at times and very restless about my case but they handled it well and when it was all said and done, they got me more than I expected! They work very hard to get you the most compensation you deserve! Again, highly recommended!!! Thanks team.

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Diane Cardoso was amazing to work with. She held our hand during a stressful time for our family and provided not only comfort, but expert guidance to navigate the process. We are so grateful to have worked with Diane towards a successful settlement for our daughter. I cannot recommend her highly enough to anyone in need of legal assistance for a personal injury claim. Thank you Diane!

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