In personal injury law, ‘liability’ refers to financial responsibility for the consequences of an injury that was suffered by someone who has made a personal injury claim.
Normally, but not always, the liable party committed some type of misconduct that caused the victim’s injury.
Damages
‘Damages’ refers to a sum of money that the liable party owes the victim as a consequence of the harm that the victim suffered.
Economic Damages
Economic damages are compensation for easily quantifiable losses such as medical expenses, lost earnings, and injury-related out-of-pocket expenses. If you can count your loss in dollars and cents, it probably qualifies as economic damages.
Non-Economic Damages
Non-economic damages are psychological losses such as pain and suffering, emotional distress, loss of enjoyment of life, etc. If your loss is intangible and, therefore, difficult to count, it probably qualifies as non-economic damages. Non-economic damages can be worth twice to five times as much as economic damages.
Nominal Damages
Suppose someone trespasses on your property but does no real harm. Even if you sue and win, your recovery might equal only $1. This is an example of nominal damages.
Punitive Damages
The purpose of punitive damages is to punish the defendant for “actual malice” or “wanton and willful disregard for the safety of others”. You must prove this by “clear and convincing evidence.” Most people do not qualify for punitive damages even if they do qualify for other kinds of damages.
Causation
To impose liability on the defendant, you must prove that the at-fault party’s behavior caused your injury. You must prove two kinds of cause—actual cause and proximate cause. Please note that the at-fault party is not necessarily the defendant–under the right circumstances, you can sue an employer for misconduct by their employee, for example.
Actual Cause
Actual cause is present if you can prove that your injuries would not have occurred but for the at-fault party’s misconduct.
Proximate Cause
Proximate cause is present if you can prove that your damages were a foreseeable consequence of the at-fault party’s misbehavior.
Grounds for Liability
The most common grounds for liability in a personal injury lawsuit are negligence, intentional tort, strict liability, vicarious liability, and workers’ compensation.
Negligence
Negligence is the legal term for carelessness. The defendant was negligent if they breached a legal duty of care to you. Liability applies if that breach caused you to suffer damages.
Comparative fault
Comparative fault applies if you were partly to blame for your own injuries. If your percentage of fault was 50% or less, you lose precisely that percentage of your damages. If your percentage of fault was 51% or more, your damages will equal zero. Be careful about out-of-state accidents. Different states apply different rules when more than one party is at fault.
Intentional Tort
An intentional tort is a wrongdoing that someone inflicts on you ‘on purpose.’ An example would be a road rage incident where the defendant intentionally ran you off the road or the aggressor in a barroom beating.
Strict Liability
Strict liability is liability without proof of fault. The most common example of strict liability is product liability. These types of cases may arise if you get sick from a defectively manufactured prescription drug.
Vicarious Liability
Vicarious liability applies when one party bears liability for the wrongful behavior of another.
Examples include:
- Employer liability for wrongdoing by their employee. This kind of liability applies only if the employee was acting within the scope of their employment at the time of their wrongdoing. A delivery driver runs a stop sign, for example.
- Parental liability for the intentional wrongdoing of their minor children.
- A car owner’s liability for an accident caused by someone they loaned their car to.
The liable party can generally seek contribution from the at-fault party. A car owner can seek financial contribution from the driver, for example. Additionally, the victim can sue both parties if they so choose.
Worker’ Compensation
New Jersey workers’ compensation is unique because it is an administrative remedy, not a legal remedy. That means you generally do not take your case to court. Workers’ compensation is no-fault—you can win benefits even if the accident was your fault. You can also win benefits if your damages were the fault of your employer or your co-workers.
Contact a New Jersey Personal Injury Lawyer for Help Establishing Liability
The more money that’s at stake, the harder the defendant or their insurance company will fight to avoid paying. If you have a personal injury claim of substantial value, a Freehold personal injury attorney is a must. Most personal injury lawyers won’t charge you legal fees unless they win your case. Contact our experienced personal injury attorneys at Noonan & McMahon, LLC for legal help. You can call us at (732) 303 7857.