When Should You Contact A New Jersey Personal Injury Lawyer?
Handling a personal injury claim alone can be a complex task. Personal injury claims require evidence from medical experts and other professionals as well. A better choice might be to have your case evaluated by a New Jersey Personal Injury Lawyer. They possess extensive knowledge of not only the laws prevailing in New Jersey but can also help you in your injury lawsuit.
You cannot be certain that if your case is similar to other cases you will gain the same amount of reimbursement. Every case is unique in its way. The settlement amount varies with the facts of the case and the circumstances in which the injury was caused.
Other factors also determine the outcome of the case, such as the severity of the injuries, damages caused, and the involvement and responsibility of other parties.
What Is A Personal Injury?
Personal Injury refers to an injury sustained by an individual causing an adverse effect on their mind, body, or emotions. The injury is classified under the tort law according to the common-law jurisdictions. In a personal injury lawsuit the individual who is bringing the action must have suffered harm to mind or body.
When a person is involved in an accident case and someone else may be legally responsible (liable), the person might have a personal injury case. In a common scenario, the insurance company of the other party responsible for the accident may have to pay for the various losses of the victim. In personal injury cases, the two main concepts are negligence and damages.
- Negligence: In simple terms, negligence occurs when a victim suffers an accident due to the irresponsibility of another party. Examples include distracted driving, slips and falls, dog bites, and others. In such cases, a negligent party may be held liable for the accident, and his or her insurance company may have to pay for the claim.
- Damages: This term refers to any losses an injured victim could be compensated for that stem from their injury. The damages could include pain and suffering, lost wages, and medical bills. The damages could be punitive when they aren’t meant to compensate the victim for their losses and injuries, but rather to punish the party at fault for intentional or excessively reckless behavior.
Personal injury may include but is not limited to, physical difficulties as well as other emotional pains and losses.
Common Types of Personal Injury in New Jersey
Personal injury is a wide term that encompasses various types of injuries. Some major injuries common in the United States include:
- Medical Negligence;
- Car Accidents;
- Truck Accidents;
- Premises Liability;
- Dog Bites;
- Product Liability;
- Nursing Home Abuse.
Medical Negligence– If you visit a doctor or hospital to recover, and instead get worse, you may have suffered from medical malpractice. The negligence of a doctor, other medical practitioner, or hospital can be the reason your condition has worsened. Unsanitary conditions or negligence from a doctor can all be life-threatening, or even fatal.
Car Accidents: Most injury claims are filed for car accidents. Car accidents can harm an individual, causing minor injuries to major injuries or even wrongful death in extreme cases. The victims of personal injury cases can be passengers, drivers, pedestrians, or bicyclists. Some of the most common injuries that happen in New Jersey car accidents are broken bones, spinal cord injuries, lacerations, and traumatic brain injuries.
Truck Accidents: Truck collisions are devastating and can cause serious injuries. Semi-tractor 18-wheelers and other trucks can cause deadly collisions. The drivers may at times be drunk or drive while they are tired or cause an accident when they drive for long hours.
Premises Liability- If you visit a house or a shopping mall and you slip and fall, the homeowner or the shop owner can be held responsible under premises liability laws. Generally, the premise owner is held responsible for your injury.
Dog Bites – Dog bites can be serious, leading to severe wounds or disfigurement. You may be entitled to compensation from the insurance company of the dog owner.
Product Liability: Products must be safe to use. If a product is at fault for harm to anyone, then it is the cause of a personal injury. In such cases, the manufacturer, or distributor will be responsible for paying damages to the person who has been injured using the defective product.
Nursing Home Abuse: Nursing homes are an alternative for people who are unable to take care of themselves. However, if the facilities provided by the nursing homes are deficient and cause an injury it can cause emotional trauma.
Also, the staff of nursing homes are often poorly trained or even actually hostile towards the people they care for. Staff can sometimes harm patients. Some negligent actions may include medical neglect, intentional abuse by the staff, and inadequate care.
To navigate the challenge of a personal injury claim, you should seek legal guidance from a New Jersey Personal Injury Lawyer and discuss your case.
What steps should you take after a personal injury?
After facing a severe accident, you may be nervous and confused about what to do. You may even be lying in a hospital bed and may be unable to go to work for months. It may cause financial loss for you and your family members.
Therefore, you may be entitled to reimbursement after you are injured due to someone else’s negligence. Some important steps that you should keep in mind after suffering an accident or any other personal injury are:
- Always seek medical help or go for a check-up with a doctor;
- Report the incident to the police or other law enforcement authorities;
- Get a copy of the police report;
- Record all the statements of the witnesses if possible;
- Preserve all the names and numbers of the parties involved in a personal injury;
- Do not reveal everything to the insurance company;
- Try to consult with an attorney who would work in your best interest.
You have the right to get full and fair compensation for your losses and injuries. Therefore, you should try to follow the points listed above after facing a dog bite, medical malpractice, wrongful death, or any other serious personal injury.
What Damages You Can Recover After Filing An Injury Claim?
In some cases, you may suffer from depression or emotional breakdown as a result of personal injury. If so, you may be entitled to compensation for these kinds of damages along with your injuries.
Economic damages might include:
- Medical Expenses and other hospital bills;
- Loss of income;
- Loss of future wages due to an inability to work;
- Costs for rehabilitation;
- Physical therapy expenses.
Non-economic damages might include:
- Pain and suffering due to PTSD or other disorders caused due to injury;
- Emotional trauma;
- Permanent disability or disfigurement;
- Loss of enjoyment of life;
- Loss of consortium.
In wrongful death lawsuits, the victim’s family may seek additional losses that include burial and funeral bills. A New Jersey Personal Injury Attorney will not only examine all the important facts of your case but will let you know what type of damages you may seek compensation for
What are the time limits to file an injury claim in New Jersey?
There is a statute of limitations in filing a claim. You have a limited time of two years to file a claim after an accident in New Jersey. You need to investigate the case, gather evidence, and bring in witnesses to prepare and file the lawsuit within the time frame.
Insurance companies use diverse tactics to offer injured victims a low settlement amount. They will even refer you to some health care professional who will help them minimize your injuries. With the assistance of a New Jersey Personal Injury Attorney, you cannot be manipulated and will get the fullest and fairest possible compensation.
New Jersey Personal Injury Statistics: A Striking Trend
Car accident statistics
In 2018 there were 278,413 crashes resulting in 61,043 injuries to passengers in New Jersey. However, there has been a dip in the number of fatalities from 2014 and 2015. In the year 2018, the number of people who were killed due to distracted driving was 2841.
Construction Site statistics
According to the U.S. Bureau of Labor Statistics (BLS), private employers reported that the number of nonfatal workplace injuries in New Jersey was 75,800 in 2020. The data suggests that there were 2.9 cases per 100 workers every day who were working on a full-time basis.
Need Legal Help? Contact an experienced New Jersey Personal Injury Attorney.
After a personal injury, you may be entitled to compensation for your losses. At the Law Offices of Samuel Fishman, we have been serving personal injury clients for decades. We know how to negotiate with insurance companies.
However, it is important to understand that often your compensation depends on many factors, including, but not limited to, the severity of the injuries you suffered, the insurance limits, as well as the percentage of liability that can be placed on others. Contact us today and we can provide a free and confidential consultation.