It is good to be prepared in case of an accident, but sometimes accidents are out of our control. Instead, another person is responsible for causing the accident and your injuries. That person should be held liable for any damages and injuries the accident caused.
If you experienced a personal injury, you can file a lawsuit against the people responsible to claim compensation for your damages. The term “personal injury” refers to injuries to your physical person or body, although many plaintiffs also include other damages in their lawsuits. To prove a defendant is liable, you must have evidence demonstrating their negligence. Personal injury cases cover a broad spectrum of cases, including car accidents, slip and falls, medical malpractice, and more.
Personal injuries can be severe, and plaintiffs sometimes suffer for years. Our Newark, NJ personal injury lawyers can help you get justice and financial compensation. Contact Legal Care New Jersey for a free case review. Call us at (732) 838-9769.
Suing for Personal Injuries in Newark, NJ
You have likely heard the term “personal injury” referenced in television or movies. Personal injury law encompasses a wide variety of cases and circumstances. In general, a personal injury involves physical injury to your body. Many personal injury cases stem from accidents, although there are many potential causes.
You should consider suing for a personal injury if another person is to blame and your injuries are expensive. Consider the pain and suffering you experienced because of your injuries. Many injuries are extremely painful and take a long time to heal. In some cases, the injuries never fully heal, and plaintiffs are left permanently disabled or with chronic pain.
Injuries often require expensive medical treatment. Not only are there costs for immediate medical care, but for many plaintiffs, medical care is ongoing, and future expenses are expected. The costs of current and future medical treatments should be considered in your decision to sue.
Under N.J.S.A. § 2A:14-2(a), the statute of limitation for personal injury cases is only 2 years. This means you have 2 years from the date of your accident to file your lawsuit. You can meet with our Newark, NJ, personal injury lawyers, and we can help you decide if filing a lawsuit is right for your situation.
Proving a Defendant Is Liable for Your Personal Injuries in Newark, NJ
Many personal injury cases are based on negligence. To prove negligence, you must establish the defendant’s legal duty of care, that they breached their duty, that the breach is the direct cause of the accident, and that your damages are payable.
More specifically, duty is the legal obligation the defendant owed the plaintiff. What this duty and the breach of this duty look like will vary from case to case. In a car accident case, the legal duty is often the defendant’s obligation to drive reasonably under the circumstances or various duties imposed by traffic laws. An example of a breach might be running a red light or reckless driving.
You must establish these four important elements using evidence. Evidence may include anything that demonstrates the defendant’s negligence and supports your claims. Photos and videos recorded at the scene of your accident may be extremely helpful pieces of evidence. We can also rely on statements from eyewitnesses who can back up your claims. Medical records can also be used to establish your injuries and prove damages.
Common Examples of Personal Injury Cases in Newark, NJ
Since personal injury law encompasses such a wide variety of cases, there are many different circumstances where personal injuries might occur. Our Newark, NJ personal injury attorneys have experience with various personal injury cases and are prepared to assist you. Common cases we handle include, but are not limited to, the following:
- Car accidents
- Slip and falls
- Bike accidents
- Medical malpractice
- Truck accidents
- Motorcycle accidents
Although many personal injury cases stem from negligence or accidents, some cases involve intentional actions committed by the defendant. For example, you can file a personal injury lawsuit against an intoxicated bar patron who punched you in an attempt to start a bar fight. Instead of proving negligence, you would have to show their actions were intentional. The defendant might also be tied up in criminal court, where you might be asked to testify.
Damages in Newark, NJ Personal Injury Lawsuits
The primary purpose of filing a personal injury lawsuit is to get compensation to cover your damages. As discussed earlier, damages include your losses and injuries from your accident. While all damages are compensated monetarily, they tend to fall under two broad categories.
First, economic damages are connected to a predetermined price or value. Economic damages are calculated by adding up the money they cost you. For example, if you spent $10,000 on medical treatment, your economic damages would be $10,000. Calculating economic damages is more straightforward because it often involves simply tallying up your expenses. The key is not to overlook any costs you incurred to maximize your compensation.
Second, non-economic include injuries and losses that do not have a predetermined value and are open to interpretation. Perhaps the most common non-economic damages are for pain and suffering, both mental and physical. Calculating these damages is sometimes difficult, and an experienced Newark personal injury lawyer to help you.
Our injury attorneys can help you calculate your non-economic damages by arguing about how they have negatively impacted your life. For example, if your injuries make it harder to go to work or complete ordinary daily tasks, we can argue for greater damages.
Contact Our Newark, NJ Personal Injury Lawyers for Help
If you were physically harmed because of someone else’s actions, our Newark, NJ personal injury lawyers can help you get compensation to cover your damages. Contact Legal Care New Jersey for a free case evaluation to get started. Call us at (732) 838-9769.