Date: June 21, 2023Attorney: Joseph J. Discenza, Joseph J. Peters, Andrew R. Bronsnick, Michael F. Bevacqua, Jr., Damian P. Conforti, Raj Gadhok, Jeffrey E. Grabelle and Ethan C. Wells

Personal injury claims can arise from a variety of situations, from motor vehicle accidents to medical malpractice. In these cases, it’s essential to determine who is legally responsible for the harm caused to the victim. This is where determining and, ultimately, proving negligence becomes important. 

What is Negligence?

Negligence is a legal term that refers to the failure to act in a reasonable and prudent manner, resulting in harm to another person. This concept is based on the principle that individuals should exercise reasonable care when performing actions that could potentially harm others. 

If you have been injured due to someone else’s actions, you may have to prove that the other party was negligent and that their negligence caused your injuries. If you can successfully demonstrate that the other party acted negligently, you may be able to recover compensation for your injuries and losses. 

How Liability is Determined

Determining liability in a personal injury lawsuit is a crucial step towards establishing who is legally responsible for your injuries. This process involves examining the actions of the parties involved and assessing whether negligence played a role in causing the harm suffered. 

In some cases, liability may be shared among multiple parties, resulting in what is known as comparative or contributory negligence. This means that each party’s degree of fault will be considered when determining the amount of compensation that can be awarded. Your own degree of fault may also impact the amount of damages you can recover. 

The Elements of Negligence

While negligence may seem like a common and simple term, establishing negligence in the legal sense is a little more involved. In order to successfully prove negligence in a personal injury case, it is important to understand that courts have broken negligence down into four discrete elements:

  1. Duty of care
  2. Breach of duty
  3. Causation and
  4. Damages.

These elements work together to create a framework for determining whether a person’s actions or inactions were negligent and whether they should be held responsible for the harm suffered by the injured party. By demonstrating each of these elements, you can build a strong case and increase your chances of securing compensation for the damages you’ve experienced. 

Duty of Care

In personal injury lawsuits, the first element of negligence that must be established is the duty of care. This refers to the legal obligation that one person owes to another to act in a reasonable and prudent manner to prevent harm. For example, property owners have a duty of care to maintain their premises in a safe condition, while drivers have a duty to follow traffic laws and drive safely. 

Breach of Duty

Once it has been established that a duty of care existed, the next step is to prove that the defendant breached this duty. This can involve demonstrating that they failed to take the necessary precautions or acted recklessly, leading to your injuries. For instance, if a property owner failed to fix a broken handrail in a timely manner, they may have breached their duty of care. 


After proving breach of duty, you must demonstrate that the defendant’s negligence caused your injuries. This can be one of the most challenging aspects of a personal injury case, since it requires showing that the defendant’s actions were the actual and proximate cause of the harm you suffered. In some cases, it may be necessary to provide expert testimony or other evidence to establish causation. 

For example, if you were injured in a car accident, you may need to present evidence that the other driver’s negligence caused a crash due to speeding or running a red light, which directly caused your resulting injuries. This may include medical records, your deposition describing your injuries and expert reports. . 


Finally, you must show that you have suffered harm or losses as a result of the defendant’s negligence. In the legal sense, damages refer to the monetary compensation awarded to an injured party as a result of someone else’s negligence. Damages are designed to help the injured party recover from the harm they have suffered and to provide them compensation since the person will never be fully restored to the position they were in prior to the injury. 

Economic damages are quantifiable and include medical bills, lost wages, property damage and other financial losses related to the incident. They can be calculated based on bills, receipts and employment records. 

Non-economic damages are more subjective and include compensation for pain and suffering, emotional distress, loss of enjoyment of life and other non-financial impacts of the injury. Non-economic damages can be more challenging to quantify, as they vary from person to person and depend on the unique circumstances of each case. 

How a Personal Injury Lawyer Can Help

Proving negligence in a personal injury case is a complex and challenging process. A skilled personal injury lawyer can help you navigate the legal system and build a strong case. They can gather evidence, interview witnesses and consult with experts to establish the elements of negligence. Additionally, a personal injury lawyer can negotiate with insurance companies and opposing parties on your behalf to maximize your chances of recovering compensation. 

Consult a New Jersey Personal Injury Lawyer

If you’ve been injured due to someone else’s negligence, you should  consult with a personal injury lawyer as soon as possible. The experienced attorneys at Mandelbaum Barrett can help you understand your legal rights and guide you through the process of recovering compensation for your injuries. 

Whether you’ve been injured in a motor vehicle accident, experienced an  industrial incident, or were harmed due to medical malpractice, our dedicated personal injury lawyers can help you prove negligence and secure the compensation you deserve. Please reach out to our attorneys for a consultation and let our expertise work for you. 

For immediate assistance, call us at 973-585-5100.