In order to bring a lawsuit in New Jersey for personal injuries caused by the negligence of another person, a claimant is required to prove:
1. That the person who caused the incident giving rise to the injuries owed the claimant a duty of care. This can be, for example, the driver of another vehicle in a motor vehicle accident, a property owner or occupier in a premises liability or slip and fall accident, or even a medical professional in a medical malpractice case.
2. That the duty of care was breached. This does not mean that the breach was necessarily intentional, just that it occurred.
3. That the breach of the duty of care resulted in the accident that led to the claimant’s injuries.
4. And, finally, that the total amount of contributory negligence on the part of the claimant is less than the amount of responsibility on the part of the other party or parties being sued.
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