NEW JERSEY PERSONAL INJURY LAWYERS
When you’ve suffered an injury at the hands of another person or entity, you may have a personal injury case on your hands. In these types of cases, monetary damages can be recovered if you can prove that you’ve been affected physically and financially due to someone else’s negligence. A serious injury can affect every aspect of your life; you may not be able to work, you may have trouble with movement and daily tasks, and your relationships can be affected. It’s important that the party responsible for your injury be held accountable.
What Could Be Considered a Personal Injury Case?
Because “personal injury” is just a broad name including a number of different types of cases, the legal process for each type may vary slightly and have differing requirements. It is important to know exactly how to proceed with your personal injury claim in the state of New Jersey. This can include a wide range of situations, such as a car accident, medical malpractice, workplace injury, a slip and fall, product liability, etc.
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How Do I Prove a Personal Injury Case in New Jersey?
In a personal injury case, you must prove both negligence and damages. Proving negligence will determine who is liable for the injury, and will include demonstrating that a level of carelessness was shown by the liable party and resulted directly in your injury.
What Type of Damages Can I Get From a Personal Injury Lawsuit?
Damages can be calculated in a few different ways, depending on the type of case you are filing, and each type of case has different rules regarding what type of damages can be awarded and in what amounts. Some types of damages that can be awarded include:
- Loss of wages – awarded to compensate for the money that you would have been earning had you been able to work, due to either missing work because your injury made work impossible, or missing work because of medical appointments and treatments that became necessary after your injury
- Loss of companionship – Awarded to the partner or spouse of a victim, these types of damages serve to make up for the costs associated with the financial expenditures that became necessary when the victim could no longer perform certain tasks after their injury, such as child care, home maintenance, or even for the spouse’s emotional damage due to said injury.
- Pain and suffering – While pain is subjective and difficult to give a monetary value to, you could be compensated for the pain sustained after an injury. This can include lasting general discomfort and aches, limited mobility or ability to perform activities, emotional pain as a result of disfigurement or scarring, or mental anguish.
- Wrongful death – In a wrongful death case, the eligible beneficiaries of the deceased can claim financial damages to essentially replace the money that the victim had been providing to the family.
- Emotional distress – Sometimes, damages can be claimed for emotional distress if the injured party’s mental health was demonstrably affected by their injury. This may include a PTSD diagnosis or depression, and the cost of medical treatment for these issues caused by the injury.
- Medical care – Medical care costs are one of the most commonly awarded damages, as they are easy to prove and occur in almost every personal injury case. If you are injured and seek any treatment for your injury, you are likely eligible to receive compensation for the costs of your medical care. This may include diagnostic tests, nursing care, hospital stays, medication, rehabilitation and physical therapy, surgical costs, and more.
- Punitive damages – Punitive damages serve to punish the responsible party, by making them pay for the problems that their negligence has caused
toyou. The intent of punitive damages is to dissuade them from acting negligently again, as well as to dissuade others from doing the same. These types of damages are not allowed in all types of cases.
Again, each type of personal injury case has its own set of rules, procedures, and allowed damages. All of the aforementioned damages may not be an option in your specific case. Knowing what compensation you are eligible for can help you plan for the future and move forward in your case.
If you or a loved one have been injured due to the negligence of another party, please contact us right away. In the state of New Jersey, the statute of limitations to file a personal injury claim is two years, with very few exceptions. We’re here to guide you through the process and ensure that you are compensated properly. Call us at 1-800-681-3550 for a consultation.
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