All kinds of accidents and injuries fall under the category of “personal injury” cases. Our lawyers are dedicated to helping injury victims get compensated for their accidents and the injuries that result, as well as all of the other damages that happen as a consequence of those accidents.
If you were involved in an accident, there may be areas of damages that you can claim that might not be obvious. While medical bills are available in many cases, you might also receive compensation for lost wages resulting from your injuries as well as other economic and non-economic costs.
For help with your injury case, call the personal injury attorneys at Legal Care New Jersey today at (732) 838-9769.
What Qualifies as a Personal Injury Case in Bayonne, NJ?
“Personal injury” law covers all bodily injury cases. The term “personal” injury merely differentiates these injuries from other legal “injuries,” such as theft of property (known as “conversion”), breach of contract, or libel. As such, personal injury law covers a wide range of cases that our personal injury lawyers can help you with.
Elements of a Personal Injury Case
Most personal injury cases are based upon a claim of either negligence or intentional injury.
In negligence cases, the elements of the claim are that the at-fault party owed the victim a duty, that they breached that legal duty, that the breach caused the victim’s injuries, and that the victim indeed suffered injuries and damages. These are the kinds of cases filed for things like car accidents, slip and falls, medical malpractice, defective product injuries, and many other kinds of accidental injuries.
You can also sue for intentional injuries. The elements vary based on whether you are suing for assault, battery, or some other claim, but they all involve a claim that the injury happened on purpose. Suing for negligence is often simpler, as there is no need to prove that they did anything on purpose but merely that they caused your injury through carelessness or lack of attention.
Types of Personal Injury Cases
As mentioned, personal injury cases can include accidents such as car crashes, slip and falls, and more.
Injuries that occur because of dangers on someone’s property fall under the sub-category of “premises liability” claims, which include things like slip and falls, trip and falls, railing collapses, burns, electrocution, and even dog bites.
Medical malpractice includes all kinds of injuries and worsened conditions resulting from a medical professional’s lapses in judgment or lack of skill. This can include surgical errors, anesthesia errors, misdiagnosis, medication errors, and more. Sometimes, “hospital negligence” is separated out from this category to refer to issues with hospital safety, cleanliness, record-keeping, testing administration, and pharmacy administration.
Products liability cases refer to all kinds of injuries and accidents caused by defective products. These defects usually involve a design defect that affects the overall safety of the product or manufacturing defects where the specific product is dangerous because there were mistakes or substitutions made during its production. Products with insufficient safety warnings can also lead to personal injury claims.
Many of these injuries can happen at work, leading to them taking on the title of “workplace injury” claims. Additionally, many of these accidents can result in death, taking on the title of “wrongful death” claims.
Our attorneys can help with all of these kinds of personal injury claims.
Who to Sue for Personal Injury Claims in Bayonne, NJ
In many personal injury cases, the at-fault party will be obvious. This is true in cases like car accidents, where the other driver is an obvious target; in medical malpractice cases, where the doctor is an obvious target; or in workplace accidents, where the employer is an obvious target. However, cases are often more complex than this.
While you usually sue the other driver for a car crash, there might be multiple parties at fault. Some crashes are caused by multiple drivers, in which case each at-fault driver can be sued for their fair share of damages. In cases where the driver was a commercial driver like a trucker or bus driver, the company they work for can often be sued as well.
Although the doctor is often at fault in medical malpractice cases, the hospital could take on liability if the doctor was a hospital employee, or the hospital could share liability if it directly contributed to the injuries.
In cases of work injuries, you might not be able to sue your employer because of our Workers’ Compensation laws. That means you might need to find another valid target for your lawsuit, such as the manufacturer of defective gear, a customer, or another company.
When someone dies in an accident, the party who caused the death is not always immediately obvious. This could be because of a hit and run, because of a lack of clarity as to who owns the property, or because there is little evidence of what precisely happened. Our lawyers can investigate wrongful death claims to help you find the right party or parties to sue.
Lastly, property injury cases are often complex because upkeep duties might be divided between the property owner and a tenant. For example, the halls of a mall might be owned by the mall itself, but the property inside a store is under the control of the store that rents that commercial space. Similarly, injuries in common areas of an apartment might be the tenant’s responsibility, but hallways, stairwells, and parking lots could be the property management company’s responsibility.
Contact Our Personal Injury Attorneys in Bayonne, NJ Today
Call (732) 838-9769 right away for a free case evaluation with the personal injury attorneys at Legal Care New Jersey.