If you are hurt by someone else, you should not have to deal with physical pain and pay large hospital bills while the other person faces no consequences. An attorney can take your claims to court, where justice may be served.
Beginning a personal injury case starts with a formal complaint. The complaint must contain lengthy and specific details about your injuries, damages, and evidence. We need this information to build the strongest case possible and meet our burden of proof. The time it takes to complete your case depends on numerous factors, but many cases are known to be lengthy. Damages you can recover include compensatory damages for your expenses and personal distress. They also might include punitive damages, but only in very specific circumstances. If you have not yet contacted an attorney, you should. The deadline to file your case might be coming up soon. Our team has experience with various personal injury claims, including car crashes, construction injuries, and slip and fall injuries.
Our personal injury lawyers at Legal Care New Jersey can be reached at (732) 838-9769 for a free, confidential case evaluation.
How to Begin a Personal Injury Case in Union City, NJ
When thinking about a personal injury lawsuit, people often picture attorneys and a judge in a courtroom with a jury. But how do we get there? Starting a personal injury claim takes work, and plaintiffs often spend more time preparing their case than they spend in court.
First, our personal injury attorneys can assess your injuries and legal claims. Personal injury law is a broad legal field encompassing a vast spectrum of possible cases and claims. Car accidents, injuries from dangerous property conditions, or work-related accidents are just a few of the many possible claims you might have. A lawyer can help you figure out what kind of case you have and how it should be handled.
Next, our team will help you begin the process of collecting evidence and evaluating damages. Again, these are things people often associate with the courtroom. In reality, attorneys are working on evidence and damages from day one. In fact, we need details about the evidence supporting your claims and the extent of your damages just to file the case at all.
Once the necessary information has been collected and we know the direction of the case, we can draft a formal complaint. This document is what kicks off your lawsuit. We must provide very detailed information about how you were injured and why the defendant should be held liable. The case might be rejected if certain information is too vague or absent, and we might lose valuable time trying to fix the mistake and refile.
How We Can Build the Strongest Personal Injury Case Possible for You in Union City, NJ
As discussed earlier, evidence is a crucial element of your case. Without evidence, your claims might be regarded as nothing more than baseless accusations and quickly dismissed by the court. Obtaining the right evidence is only half the equation. Knowing how to use the evidence you have is the key to a successful case.
First, we need to find and collect evidence of your claims. Evidence will differ based on the nature of your injuries and claims. For example, evidence in a car accident case might be nothing like the evidence you need for a construction-related accident.
Our attorneys can help you return to the scene of your accident and see if any evidence is still there we can collect. If you took photographs of the area immediately after you were hurt, those pictures might be extremely useful. Security camera footage can also help us show a jury how your injuries occurred.
If other people were in the vicinity when you were hurt, they might know something that you do not. Perhaps they saw the defendant moments before the accident, and they can testify about how the defendant was directly involved in causing your injuries. The sooner we find and talk to witnesses, the better, because witnesses might forget details, relocate, or even pass away before we get to court.
Once our personal injury attorneys have evidence, we need to determine the best way to use it. This might mean being selective about what evidence we use and what evidence we choose to set aside. Only the best possible evidence should be utilized. If we have evidence that supports your claims but is flimsy and easily undermined, we might want to avoid introducing it in court. Your attorney can review your evidence and develop an effective legal strategy.
How Long Does a Personal Injury Case in Union City Normally Take?
One of the first things plaintiffs often ask their lawyers is, “How long will my case take?” This is a fair question, as lawsuits are known for being time-consuming. It is doubly important for plaintiffs to know because they might not have the finances to cover their losses and injuries while waiting for compensation from a lawsuit. The answer is difficult to say, as every case is different.
On the one hand, lawsuits are infamous for how long they take to complete. Some cases are tied up in litigation for years. However, many personal injury claims are completed in as little as a few months. Cases where evidence is hard to come by, or the facts are more complex and require deeper investigation, tend to take longer. Cases that are factually more straightforward, and the parties cooperate or agree on more issues, tend to wrap up faster.
Some cases end rather quickly because the parties decide to settle out of court. This might be a good idea for those who just want the important damages covered, not necessarily all their damages, and they would rather avoid a lengthy court battle. Just remember that settlements must be negotiated, and negotiations are not always fast or successful. Talk to your lawyer about whether a settlement is a wise decision.
Recoverable Damages and What Your Injuries are Worth in a Union City, NJ Personal Injury Case
Personal injury cases often involve serious bodily injuries, significant pain, deep emotional distress, and huge costs and expenses. In short, a personal injury case often involves substantial damages, and plaintiffs might have a lot of compensation at stake.
Compensatory Damages
Compensatory damages are intended to make up for the things a plaintiff has lost. While many of these damages stem directly from the economic costs of a personal injury, many other damages are based on subjective experiences rather than money.
Economic losses might be measured in bills and receipts. For example, if you need medical care for your injuries, your hospital bills might be huge, and you should include them in your damages. The same goes for the cost to repair any damaged property, like your vehicle after a car accident.
Additionally, your injuries might get in the way of your finances in other ways. If you cannot return to work for a while after being hurt, you can claim lost earnings. For some, this is a substantial amount of money.
Damages not based on money are often referred to as non-economic damages. Your physical pain, psychological distress, suffering, humiliation, and even damage to your personal or professional reputation can be claimed. Since these experiences are not really related to money, juries have the final say on what they are worth.
Punitive Damages
In less typical cases, plaintiffs can claim punitive damages. These damages are not meant to compensate for losses but to punish defendants. These damages are not always available, and they are not always awarded even when they are available.
According to N.J.S.A. § 2A:15-5.12(a), punitive damages may be granted if the defendant is found to have acted with actual malice or a wanton and willful disregard for your safety in the face of foreseeable harm. If you want to claim these damages, we must prove them by clear and convincing evidence, which is not an easy burden to meet.
While punitive damages can be substantial, they are capped at a certain point. Under N.J.S.A. § 2A:15-5.14(b), punitive damages may be worth up to 5 times the value of compensatory damages or $350,000, whichever is more.
The Deadline to File Your Personal Injury Case in Union City, NJ
Lawsuits take time to prepare, and plaintiffs cannot possibly be expected to file their cases immediately after an injury. However, your time is not unlimited. If your case is not filed by the time the statute of limitations for your claim expires, you might be unable to sue.
According to N.J.S.A. § 2A:14-2(a), you must file your personal injury case with the court no later than 2 years after the cause of action arises. It is best to talk to a lawyer about your injuries and claims for compensation as soon as possible after being hurt. Your case might take much longer to prepare than you anticipate, and you need as much time as possible to get ready.
Personal Injury Cases Our Legal Team Has Handled in Union City, NJ
A whole host of injuries, accidents, and claims are considered personal injury claims. It is a very broad area of law, and you need an attorney who not only handles personal injury claims but also handles claims similar to yours.
Auto Accidents
A very common reason for many personal injury claims in New Jersey is vehicle accidents. Major roads and highways like the Garden State Parkway or I-95 see more than their fair share of accidents on a nearly regular basis.
Under N.J.S.A. § 39:6A-4, New Jersey follows a no-fault law regarding auto insurance claims. Under the law, when drivers purchase an insurance policy, they may select a limited or unlimited right to sue. While a limited right to sue is cheaper, injured drivers cannot file lawsuits unless they have a serious injury as defined under the law. With an unlimited right to sue, there is no such restriction.
A serious injury might include fractures, severed body parts, serious scarring or disfigurements, death, or other permanent injuries.
Construction Injuries
Injuries on construction sites are common, which makes sense considering how dangerous construction work can be. While certain safety risks are expected, workers must be prepared, properly trained, and properly equipped to keep the job as safe as possible. When employers or property owners are negligent, construction workers might be hurt.
You might be able to sue the person who hired you for the job. For some, this is the general contractor who oversees the entire construction project. For others, they might have been hired by a subcontractor for a more specific area of work.
If the injury happened because of unsafe conditions on the property that you were not warned about, you might sue the property owner. If the injuries came from defective tools or equipment, you can sue the company that manufactured them.
Premises Liability Claims
A lot of personal injury cases are related to places rather than accidents or events. These are referred to as premises liability claims. Property owners may be held liable if the unsafe conditions on their properties caused a guest injuries. One of the more common instances of a premises liability case is a slip and fall accident.
The owner of a property has a duty to make the premises safe for guests. This duty counts for guests who are directly invited and those who might not be invited but should be expected. For example, a business owes a duty of safety to customers even though customers are not directly invited onto the property. Instead, they are welcome to enter as they please.
Even if a property owner says they were unaware of the danger, they still have a duty to make reasonable inspections for unsafe conditions. Failure to do so might leave them open to legal liability.
For Legal Assistance, Call Our Union City, NJ Personal Injury Lawyers
Our personal injury lawyers at Legal Care New Jersey can be reached at (732) 838-9769 for a free, confidential case evaluation.
