Negligence is typically associated with carelessness, but the term also has a more precise legal definition. It is the failure on the part of a tortfeasor — someone who has committed a tort, or civil wrong — to exercise a reasonable amount of care, which in turn has caused a foreseeable injury to another person or that person’s property.
In order for a plaintiff to establish negligence in a personal injury case, all four of the following elements must be proven to exist: the tortfeasor had a duty of care toward the injured party; there was a breach of the duty by the tortfeasor; there was a causation of injury to the victim; and there were damages, or actual harm, suffered by the victim.
Other Frequently Asked Questions
- After a car accident, what type of medical care should I seek?
- Am I allowed to choose my own doctors for my workplace injury?
- Am I eligible for workers’ compensation if I am hurt while working from home?
- Am I entitled to any death benefits if my spouse or parent dies due to a work-related injury or illness?
- Are employers required to provide drinking water to employees?
- Are longshore workers covered by New Jersey’s workers’ compensation law?
- Are minors injured in a work-related accident eligible to receive workers’ compensation benefits in New Jersey?
- Are part-time or seasonal workers covered by workers’ compensation?
- Are personal injury settlements taxable?
- Are remote employees eligible for worker’s compensation in New Jersey if they are injured during work hours?
- At the time I am hired, what information should I be told regarding workers’ compensation?
- Can a judge increase the damages awarded by a jury in a lawsuit?
- Can a person who has been found not guilty in a murder trial still be sued for wrongful death?
- Can a workers’ compensation judge in New Jersey require an employer to reimburse an injured worker for medical marijuana used to control chronic pain?
- Can an employee recover workers’ compensation for an idiopathic injury?
- Can an employer commit workers’ compensation fraud?
- Can an employer fire an employee for making a workers’ compensation claim?
- Can an employer stop paying for pain medication I take for my work injury?
- Can an employer’s intentional violation of a federal safety rule impact a workers’ compensation claim?
- Can an I recover workers’ compensation in New Jersey if my work causes post-traumatic stress disorder?
- Can an undocumented immigrant receive workers’ compensation benefits in New Jersey?
- Can I be fired while I am on worker’s compensation?
- Can I choose my own doctors for my workers’ compensation claim in New Jersey?
- Can I file a lawsuit against a coworker whose negligence caused my work injury?
- Can I file a lawsuit for my workplace injury?
- Can I file for workers’ compensation and then sue my employer based on injuries I sustained at work?
- Can I get workers’ compensation when a co-worker assaults me?
- Can I get workers’ compensation for COVID?
- Can I handle my own workers’ compensation claim?
- Can I Obtain Workers’ Compensation Benefits Through My Full-Time Employer if I Was Injured at My Part-Time Job?
- Can I receive workers’ compensation for a gradual injury?
- Can I recover workers’ compensation benefits if I am injured after I am fired but before I leave the work facility?
- Can I recover workers’ compensation for my hearing loss?
- Can I recover workers’ compensation if I suffer a heart attack at work?
- Can I see my own doctor for a workers’ compensation claim?
- Can I settle a workers’ compensation case?
- Can I sue a job placement agency’s client if I am injured while working for the client?
- Can I sue my employer?
- Can insurance companies use my posts on social media against me in my personal injury lawsuit?
- Can my employer cut off my temporary disability benefits because I am working a part-time job?
- Can my employer fire me for filing a worker’s compensation claim?
- Can my employer terminate my employment while I am out of work due to an injury and receiving workers’ compensation?
- Can workers receive workers’ compensation benefits if they are injured while taking a coffee break?
- Can you sue if your Lyft crashes?
- Can you sue if your Uber crashes?
- Do commercial vehicle drivers have to meet higher standards before they are licensed to drive?
- Do I have any options if I do not like the workers’ compensation doctor my employer selected?
- Do I have to accept my employer’s offer of light duty following my work injury?
- Do I still get paid if I get injured at work?
- Does an employee’s intoxication at the time of an injury bar their recovery of workers’ compensation in New Jersey?
- Does workers’ compensation cover allergic reactions?
- Does workers’ compensation cover scars from work-related injuries?
- Does workers’ compensation cover travel to and from work?
- Following a motor vehicle accident, when and how can I obtain my personal belongings from the vehicle?
- Following my work injury, is my New Jersey employer required to pay for my transportation expenses to and from my doctor?
- How are workers’ compensation benefits calculated for temporary disability in New Jersey?
- How can I recover lost earnings?
- How can one prove fault in a premises liability case?
- How can workers’ compensation in New Jersey disqualify an employee who is at fault for a work-related accident?
- How do I file for workers compensation in New Jersey?
- How do workers’ compensation benefits work if I have two jobs?
- How does the judge decide the quantity of funds that a plaintiff is to receive?
- How Long Do I Have to Bring a Slip and Fall Case in New Jersey?
- How Long Do I Have to File a Workers’ Compensation Claim?
- How long do I have to report a work injury?
- How long do I have to report a work-related injury in New Jersey?
- How long do I have to wait before I receive benefits from my employer or their insurance carrier?
- How long do I have to work for an employer before I can receive workers’ compensation benefits?
- How long does it take to resolve a workers’ compensation case?
- How long will my personal injury case take?
- How many fatal workplace injuries occur every year in the United States?
- How much am I going to get?
- How much does a New Jersey workers’ compensation lawyer charge?
- How much does a workers’ compensation attorney cost in New Jersey?
- How much does Lyft pay for accidents?
- How much does Uber pay for accidents?
- How much time do I have to file a worker’s compensation claim in New Jersey?
- How much time do I have to file a workers’ compensation claim petition?
- How much workers’ compensation do I get for a foot injury in New Jersey?
- How much workers’ compensation do I get for a hand or finger injury in New Jersey?
- How serious is the problem of distracted driving in the United States?
- How will my medical expenses be paid while I am receiving treatment for an injury that occurred at work?
- I am out of work due to an injury on the job site. Can I be fired because of that injury?
- I am receiving payment for injuries from a third party. Can I also receive New Jersey workers’ compensation benefits?
- I was injured at work in New Jersey, but I don’t think my employer reported the accident to the insurance carrier. What do I do?
- I was injured at work, but it wasn’t my employer’s fault, can I still get workers’ compensation benefits?
- I was injured at work. I also have two different jobs. One is full-time and the other is part-time. Can I receive workers’ compensation for both of my jobs?
- I was injured in a car accident, and the other motorist was without insurance. How can I recover damages?
- I was involved in a motor vehicle accident, and I do not think that it was entirely my fault. Will this affect the amount of damages I receive?
- I was recently involved in a truck accident. What should I do?
- I work in New Jersey and was hurt on the job recently. How do I file a workers’ compensation claim?
- If a person has witnessed the injury of another individual may the former sue the party who caused the injury for negligent infliction of emotional distress?
- If a person is injured when struck by a commercial vehicle, is he or she allowed to sue the driver’s employer as well as the driver?
- If a person suffers a slip-and-fall injury on government property will the government be found liable?
- If I am injured at work, can I sue my employer, and still receive workers’ compensation benefits?
- If I get hurt while performing my part-time job, can I get more benefits if I am unable to perform full-time work because of my injury?
- If I have a new employer, and I suffered an injury at my previous job, may I still file a claim for workers’ compensation benefits?
- If I suffer an injury while at home recovering from a work injury, may I recover workers’ compensation for the second injury?
- If I suffer an injury while receiving treatment for an on-the-job injury, can I receive workers’ compensation for the new injury?
- If I’m injured at work, what kind of benefits can I receive?
- If my condition gets worse after I am awarded workers’ compensation, can I get more benefits?
- If my vehicle was damaged in a motor vehicle accident, how can I have it repaired?
- If negligence is proven in a personal injury case, can punitive damages be awarded?
- In a workers’ compensation claim, may I recover damages for pain and suffering?
- In New Jersey, can I appeal a workers’ compensation decision?
- In New Jersey, can I file a workers’ compensation claim and sue a third party in court for the same work-related accident?
- In New Jersey, can I file an informal claim and a formal claim for the same work-related illness?
- Is a full trial of my workers’ compensation case required?
- Is a homeowner’s association liable for injuries suffered by people who fall on the sidewalks that are owned and maintained by the community?
- Is an employee in Philadelphia who is injured while exercising during lunch entitled to workers’ compensation?
- Is horseplay a defense to a workers’ compensation claim?
- Is it advisable to accept a settlement offer from the insurance company?
- Is my employer supposed to post a notice about workers’ compensation at my workplace?
- May I file a lawsuit against a subcontractor if the subcontractor was directly responsible for causing my injury at work?
- May I visit any physician for a permanent disability?
- My employer says I do not have a right to workers’ compensation insurance. Do I have any recourses at my disposal?
- My employer’s physician says that I can return to work. However, my doctor disagrees. What should I do?
- My motor vehicle collided with a truck that was operated by a delivery person. May I file a lawsuit against the employer, the driver or both?
- My workers’ compensation doctor approved me for light-duty work, but my employer says it doesn’t have any light-duty work available. What should I do?
- What am I required to do if I am injured at work?
- What are my rights when I am hurt at work?
- What are some of the usual causes of truck accidents?
- What are the common types of work-related injuries and illnesses hospital workers sustain?
- What Are the Differences Between Workers’ Compensation Death Benefits and Wrongful Death Damages?
- What Are the Types of Workers’ Compensation Benefits Available to New Jersey Workers?
- What benefits do I receive while on worker’s compensation?
- What could cause my claim for workers’ compensation to be denied?
- What Damages Are Available in a New Jersey Worker’s Comp Lawsuit Stemming from a Truck?
- What death benefits does workers’ compensation provide?
- What do I do if I’m injured at a work-related function?
- What does “frolic in the course of employment” mean?
- What does workers’ compensation cover?
- What factors are considered to determine the amount of compensation to which I am entitled in a personal injury lawsuit?
- What happens if I am permanently partially disabled?
- What happens if I recover funds from a third party as a result of my work injury?
- What happens if I recover funds from a third party as a result of my work-related injury?
- What happens when you get in an accident with Uber?
- What happens with you get in an accident with Lyft?
- What if I can never return to work because of my injury?
- What if I had preexisting injury or illness at the time of my workplace accident?
- What if I recover compensation from a third party based on my workplace injury?
- What if my employer does not have workers’ compensation insurance?
- What is a compensable occupational disease under the New Jersey Workers’ Compensation Act?
- What is a detour in the course of employment?
- What Is a New Jersey Wrongful Death Claim?
- What is a permanent total disability?
- What is a retaliatory firing?
- What is a temporary total disability?
- What is a work-related accident?
- What is a workers’ compensation insurance?
- What is an employer under the workers’ compensation laws writing?
- What is an occupational disease?
- What is assumption of risk?
- What Is AWW and How is It Calculated in New Jersey?
- What is meant by the term “loss of consortium?”
- What is negligence per se?
- What is permanent partial disability?
- What is self-insurance?
- What is the definition of negligence in law?
- What is the difference between a grand jury and a petit jury?
- What is the difference between a personal injury claim and a personal injury lawsuit?
- What is the difference between a trial jury and a grand jury?
- What is the exception to the exclusive remedy provision of the New Jersey Workers’ Compensation Act?
- What is the law concerning New Jersey car insurance?
- What is the law concerning the use of helmets for motorcyclists?
- What is the legal definition of driving under the influence of alcohol?
- What is the New Jersey Division of Workers’ Compensation?
- What is the odd-lot doctrine?
- What is the Second Injury Fund?
- What is the statute of limitations for filing a personal injury case?
- What is the statute of limitations to file a workers’ compensation claims?
- What is the statute of limitations, and how does it affect my personal injury case?
- What is the time frame to collect workers’ compensation benefits?
- What is the verbal threshold?
- What Is The Workers’ Compensation Subrogation in New Jersey?
- What is uninsured and underinsured motorist coverage, and how can I protect my family?
- What is worker’s compensation self-insurance?
- What length of time do I need to be absent from work in order to qualify for workers’ compensation benefits?
- What length of time do I need to be unemployed in order to qualify for workers’ compensation benefits?
- What options are available to me if I do not like the physician to whom I was referred by my employer’s insurance carrier?
- What percentage of drivers are uninsured?
- What recourse do I have if my employer declines my request for workers’ compensation?
- What should a person who has been injured on the job do if his or her employer refuses to report the accident to the company’s workers’ compensation insurance carrier?
- What should I do if my employer will not report my workplace injury to their workers’ compensation insurance carrier?
- What type of benefits does a workers’ compensation claim provide?
- What were the most dangerous holidays for driving in?
- What will be the result if I need further treatment, and the Workers’ Compensation physician refuses to treat me?
- What will be the result of my workers’ compensation claim if I am permanently disabled?
- When does workers’ compensation end?
- When will my case settle?
- Where else can I look for income benefits after suffering an injury at work?
- While unable to work and collecting workers’ compensation benefits, my employer discontinued my healthcare coverage. Is this legal?
- Who decides which physicians I see for my workplace injury or occupational disease?
- Who determines the New Jersey workers’ compensation benefits I receive?
- Who qualifies for temporary total disability?
- Will a full trial of my case be required?
- Will a prior knee injury I suffered years ago preclude me from recovering workers’ compensation if I reinjury my knee?
- Will I lose my job if I file a workers’ compensation claim?
- Will workers’ compensation cover my injury at a holiday party?
