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Personal Injury
New Jersey personal injury attorney handling personal injury claims in all New Jersey courts.
A personal injury can be devastating, and picking up the pieces can be difficult. We help injured individuals recover for the losses they sustained as a result of the wrongful conduct or another person or entity.
People who have injured are often disoriented, and spend considerable time searching for answers. Here are some common questions that injured individuals frequently ask:
What is “Personal Injury”?This term is used extensively, and can apply to a wide variety of harmful conduct:
- Premises liability, including “slip and fall” accidents;
- Vehicle accidents, including cars, trucks, boats and motorcycles;
- Mass transit accidents, including train, bus, airplane and helicopter crashes or collisions;
- Construction accidents;
- Dog and other animal bites or attacks;
- Medical malpractice and medical transport;
- Traumatic brain injuries;
- Spinal cord injuries;
- Burn injuries;
- Nursing home neglect;
- Lack of security;
- Wrongful death; and
- Products liability.
Personal injury can involve negligent or intentional conduct. Negligence occurs when someone fails to use reasonable care resulting in the injury of another. Here, it is understood that the defendant did not intend to injure someone, but the underlying conduct still caused an injury to another person. Intentional conduct is exactly that – the defendant intended to injure another person. A personal injury claim can also be based on strict liability, which usually arises in products liability cases.
A personal injury plaintiff seeks to establish two things – liability (the defendant failed to exercise reasonable care under the circumstances); and damages (the plaintiff is entitled to monetary compensation as a result of the defendant’s conduct).
What kinds of damages may be available to me?Because there are so many different types of personal injury claims, the kinds of damages that are available vary greatly. Generally speaking, you may be able to recover compensatory damages, which include economic and non-economic damages. Economic damages can include lost wages, medical expenses (doctor and hospital bills), and the cost of physical therapy. Non-economic damages can include pain and suffering, and compensation for emotional injuries.
Do I have a valid claim?It is impossible to know whether you have a valid personal injury until and unless you speak with an attorney, since no two cases are necessarily alike. It is, therefore, important to contact a personal injury attorney as soon as practicable after the injury to start the process of evaluating your situation.
Must I be represented by an attorney?Yes. Defendants in these cases do not want to pay, and their insurance companies typically fight personal injury cases aggressively. The goal is to force plaintiffs to settle their claims quickly and, frequently, for less than the claim is truly worth. Plaintiffs in these cases need an attorney to stand between them and the defendant or their insurance company.
How long do I have to file a claim?Different types of personal injury cases can have different statutes of limitations. As a general matter, you have two years from the date of the injury to commence suit; however, you should consult with an attorney as soon as possible after the injury to identify the statute of limitations that applies in your case.
If I file a claim, how long will my case take?That depends. If your case is susceptible to settlement, a recovery may come relatively quickly. If the defendant or their insurer does not want to settle, the case will have to proceed to trial. A case that involves a trial will take longer. Finally, it is not unusual for personal injury cases that are scheduled for trial to settle immediately before trial.
What will it cost?The short answer is nothing. Your attorney typically will not receive a fee until and unless there is a recovery, at which point the lawyer will receive a percentage of what was paid. Your attorney will review any fee arrangement with you when you retain them.
This is a very brief summary of what a personal injury case involves. A better understanding of your case can come only from a full consultation with a New Jersey personal injury attorney.
Have you been injured? We represent personal injury plaintiffs in all courts throughout New Jersey. Contact us to determine if your claim is actionable, and if you can recover money for your injury.
