Injuries can strike anytime, anywhere. Victims of serious accidents might be left with extensive injuries, expensive medical bills, and interference with their ability to work. To get these damages and other paid, you should contact a personal injury lawyer for help.
Our Elizabeth personal injury attorneys work to help victims and their families get the compensation they deserve. From collecting evidence to negotiating with insurance companies to taking your case to trial, our attorneys work to maximize the compensation you receive to help you move forward after a serious injury.
For a free case review, call the Elizabeth, NJ personal injury attorneys at Legal Care New Jersey today at (732) 838-9769.
Elements of a Personal Injury Lawsuit in Elizabeth, NJ
People can be compensated for all kinds of injuries, but they must first prove what happened and prove that someone else is at fault to win their case. In any personal injury case, you must show what the at-fault party – the “defendant” – did wrong before the court can order compensation. This means proving four major elements:
- The defendant owed you a legal duty.
- The defendant breached that duty, usually by failing to use the proper care or skill the situation required.
- The defendant’s breach of duty caused your injuries.
- Your injuries involve damages the court can order compensated.
These elements have details and rules that change from case to case, so it is always important to work with an Elizabeth, NJ personal injury lawyer when pursuing any personal injury claim. For example, the legal duty owed in a car accident case may be simply defined by traffic laws in NJ, but the specific duty owed in a medical malpractice case involving a birth injury could be very specialized. Sometimes you even need the help of an expert witness to testify as to the standards that must be met and how the duty was breached in your case, especially in medical malpractice cases.
In many cases, causation is simple to prove because the injuries clearly resulted directly from the accident. However, cases involving a more tenuous relationship between the negligence and the injury – such as a lawsuit against a pharmaceutical company for tainted medication – might be harder to prove. Additionally, some cases involve accidents that were unavoidable, and even if the defendant did nothing wrong, the victim still would have been injured. These kinds of fact patterns make these cases more challenging and further necessitate the help of an experienced Elizabeth, NJ personal injury lawyer.
When to Hire a Personal Injury Lawyer in Elizabeth, NJ
If you do not have a background in insurance or law, you may have difficulty understanding when you need a lawyer’s help and when in the case you should first contact a lawyer.
When You Need a Lawyer
When it comes to understanding whether or not you need a lawyer, our Elizabeth personal injury attorneys offer free case reviews. After an accident, you can call us and tell us a bit about your case, and we can help you determine whether our services will be helpful or not.
In most cases where you suffered any sort of personal injury and you are not at fault, you should call a lawyer for help. Insurance companies will usually take steps to deny claims or minimize how much they pay out, and without a legal professional on your side, it can be difficult to know when they are out of line and when you are getting a fair deal.
When to Call an Attorney
As for when in the process to call a lawyer, you should always contact an attorney as early in your case as you can. If you are seriously injured and are laid up in the hospital, it may be best to focus on your recovery. However, our attorneys can even take your case that early in the process so that we can begin collecting evidence, talking to witnesses before they forget what happened, and helping you track your medical care and recovery process. This can help secure evidence that you might otherwise miss out on if you call an attorney later in the case.
Moreover, the later you call a lawyer, the longer it will take to get you the compensation you need. Our Elizabeth personal injury lawyers can begin work on your case right away and start getting it ready for filing. While the actual court processes and negotiation with the insurance companies could take some time, starting earlier typically means finishing earlier.
Plus, New Jersey law gives you only 2 years to file your case under N.J.S.A. § 2A:14-2(a). Waiting too long can mean losing out on your opportunity to file at all. However, these laws are often different for people injured while they are minors. Talk to an attorney for additional details about the time limits on filing in your case.
Damages in Injury Cases in Elizabeth, NJ
The damages you can claim in a personal injury lawsuit will vary from case to case. Damages are always based on the specific harms you face in the accident, but usually involve medical bills, lost wages, and pain and suffering. However, other specific expenses like child care while you are in the hospital, medical transportation, rehabilitation and therapy costs, and more can all be claimed as well.
It is important never to rely on the insurance company’s valuation of your case. Insurance companies have an incentive to keep payouts low so they can make more money. As such, insurance companies often make low-dollar offers that fail to cover your needs. Talk with our Elizabeth personal injury attorneys for help understanding what your case is really worth.
Call Our Elizabeth, NJ Personal Injury Attorneys for Help Today
For a free case review on your injury case, contact the Elizabeth personal injury lawyers at Legal Care New Jersey today. Our phone number is (732) 838-9769.