You know your accident wasn’t your fault. What you don’t know is how to prove that legally.
In New York and New Jersey, winning a personal injury case isn’t just about being hurt. It’s about proving someone else was negligent.
At Hofmann & Schweitzer, our experienced personal injury attorneys know what it takes to build a strong negligence case. We have represented New York and New Jersey accident victims for almost half a century, and we would be happy to provide you with a free, personalized review of your potential claim.
What It Means to Prove Negligence in New York or New Jersey
To win a personal injury case in either state, you must prove four legal elements:
- Duty of care. The defendant must have been legally responsible for acting with reasonable care toward you. Drivers, for example, owe this duty to others on the road.
- Breach of that duty. You must show that the defendant failed to uphold their duty. For example, a property owner who ignores a dangerous condition on their property may have breached their duty of care.
- Causation. You need to prove that the breach directly caused your injury. In other words, your injury would not have happened but for the defendant’s breach of the duty of care.
- Damages. Finally, you must show that the incident resulted in actual harm, such as medical expenses, lost income, or pain and suffering.
If any of these elements are missing, your case could fall apart. That’s why precise documentation and professional legal guidance are critical.
Evidence That Helps Prove Negligence in a Personal Injury Case
You need clear, compelling evidence to show duty, breach, causation, and damages successfully. Your case is unique and may not need every type of evidence listed below. However, your case may benefit from:
- Photos and videos. Images of the accident scene, vehicle damage, or hazardous conditions can help show how the incident occurred.
- Medical records. These are essential to prove your injuries and link them directly to the incident.
- Witness statements. Independent witnesses can verify what happened and support your version of events.
- Police reports. A police report can provide critical details and document early findings.
- Expert testimony. Experts can explain technical matters and strengthen your argument in complicated cases, such as construction accidents or accidents resulting in traumatic brain injuries.
Together, this evidence can explain what happened to you. For example, after slipping and falling on a wet grocery store floor, security camera footage could show how long the water was there, a witness might remember warning an employee about the spill, and an expert could testify that safety procedures weren’t followed. Combined, this kind of evidence builds a strong case.
What Happens When More Than One Person Is at Fault
New York and New Jersey both follow comparative negligence laws, but they apply them differently.
- New York uses pure comparative negligence. Even if you were 90% at fault, you can still recover 10% of your damages.
- New Jersey uses modified comparative negligence. You can only recover damages if you're less than 51% at fault.
This matters when an insurance company tries to shift the blame. If they say you were texting, speeding, or careless, your potential compensation could drop or disappear. An attorney can push back with evidence accurately reflecting what happened and fight to minimize any assigned fault.
What to Do Right After an Accident
If you’re physically able, these steps may help you prove negligence later:
- Report the incident. Call the police, tell a manager, or notify the property's owner.
- Take photos. Capture the scene, your injuries, and anything that might disappear quickly, like ice, debris, or skid marks.
- Get medical attention. Go to a doctor right away. Even if injuries seem minor, documentation matters.
- Don’t speak to insurers alone. Anything you say could be used to reduce your payout.
- Talk to a lawyer. The sooner you get legal help, the stronger your case will be.
Being injured by someone else’s carelessness is painful enough. Don’t let the legal process add stress or uncertainty. Understanding what it takes to prove negligence is the first step toward justice and the compensation you deserve.
How a Personal Injury Attorney Can Help Prove Negligence
A personal injury attorney doesn't just file paperwork with the court. Your attorney will also gather evidence, manage deadlines, and develop a compelling strategy to prove each element of negligence. Working with a legal team like Hofmann & Schweitzer means you don’t have to navigate this alone. We know how to handle injury cases from motor vehicle crashes to construction and maritime accidents.
