In New Jersey, negligence lawsuits are commenced when a person is injured as the result of another person’s careless actions. If a person fails to use reasonable caution and another individual is harmed, the injured person is often able to obtain compensation. Criminal negligence, however, is a distinct type of negligence that plays a unique role in many cases in New Jersey.
The following will take a look at what these types of cases involve and how they differ from other types of negligence.
If you are involved in an accident in New Jersey die to someone’s negligence, you should not hesitate to speak with an experienced accident attorney.
How Criminal Negligence Arises
Criminal negligence occurs when an individual breaches their obligation to fulfill a duty, and as a result harms someone. Some of the common types of criminal negligence include:
- A driver who travels over the speed limit or otherwise reckless dangers motorists
- A hospital that neglects the care of patients in any way
- A medical professional who fails to properly treat a patient or engages in medical malpractice
- A parent who neglects to properly care for a child
Cases Involving Both Civil and Criminal Negligence
Besides criminal negligence, New Jersey also recognizes civil negligence, which arises when a person’s negligence causes harm to another individual even if that person has not broken any specific law. Some of the most common types of civil negligence include the following:
- Failure to follow workplace safety guidelines
- Failure to maintain private property
- Failure to issue a warning of danger
- Failure to properly control a pet
- Failure to take appropriate precautions
- Failure to test a medical device or medication
The Difference Between Criminal and Civil Negligence
There are three primary differences between civil and criminal negligence, which include the following:
- The standard of care: Law in New Jersey defines what a person is required to do in a certain situation or the “standard of care.” If a person fails to act in such a way, they are considered to have failed to meet the standard of care. In civil negligence cases, the lack of care that a person provides is not as substantial as it would be in cases involving criminal negligence.
- The resulting penalties: There is a substantial disparity in the state of New Jersey regarding the penalties associated with criminal and civil negligence. Being charged with criminal negligence can result in fines as well as imprisonment. In the case of civil negligence, however, a person can end up facing fines to compensate an accident victim but will not face a prison sentence.
- The parties involved: In civil negligence lawsuits, cases are filed on behalf of accident victims while in the case of criminal negligence, lawsuits are filed by either the state of New Jersey or sometimes even the federal government.
Speak with an Experienced Accident Lawyer
If you are involved in an accident involving negligence, do not hesitate to contact an experienced accident attorney at Ferrara & Gable who will remain committed to making sure that you receive adequate compensation.