This form is a sample complaint for use in a personal injury claim alleging that the defendant's negligence in running over downed power lines caused injury to the plaintiffs.
New Jersey Complaint regarding Negligence
State:
Multi-State
Control #:
US-PI-0132
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Negligence?
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FAQ
In order to establish negligence, you must be able to prove four ?elements?: a duty, a breach of that duty, causation and damages.
A person is liable if he or she was negligent in causing the accident. Persons who act negligently never set out (intend) to cause a result like an injury to another person. Rather, their liability stems from careless or thoughtless conduct or a failure to act when a reasonable person would have acted.
To prevail on a claim of negligence, a plaintiff must establish four elements: (1) that the defendant owed a duty of care; (2) that the defendant breached that duty; (3) actual and proximate causation; and. (4) damages.
Ing to New Jersey negligence law, which follows the modified comparative negligence approach, a claimant's contributory negligence must be less than the defendant's negligence in order to collect damages. This article provides a brief overview of negligence laws in the state of New Jersey.
Under New Jersey's Comparative Negligence law, an individual's fault for the accident cannot be more than the individual from whom damages are sought. Therefore, recovery of damages is permitted when each person in a 2 car accident is 50% at fault, but not if you are more at fault than the other person.
If the issue has not been resolved by the local agency or County Prosecutor, you may contact the Office of the Attorney General (OAG) at 833-4-SAFENJ (833-472-3365) or online at .nj.gov/oag/safestopnj/complaint.
Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person's actions or omissions of actions can be found negligent.
STEP 1: Fill out the Complaint (Form A) ... STEP 2: Fill out the Civil Case Information Statement (CIS) ... STEP 3: Make a check or money order payable to Treasurer, State of New Jersey in the. STEP 4: Check your completed forms and make copies. ... STEP 5: Mail or deliver the forms to the court.