Have You Been Injured: Explore the Most Common Types of Personal Injury Claims
What New Jersey personal injury cases are most common? What accidents prompt people to seek legal help?
Shrewsbury personal injury lawyers offer hope in these situations. Personal injury legislation includes several areas, from car accidents to workplace accidents. When someone else’s irresponsibility rocks your world, seek justice.
Quick Summary
Below is an overview of the critical points of this blog post article.
- Personal injury includes several sorts of injury caused by another. Personal injury law, or tort law, helps injured individuals get compensation.
- Victims can sue for damages under tort law. Negligence-related accidents, intentional harm, and defective products are covered.
- Personal injury and negligence are related but distinct. Personal injury is harm caused by someone else’s acts, while negligence is negligent activity. Negligence typically underpins personal injury lawsuits.
- Personal injury cases include vehicle, truck, motorbike, bus, slip-and-fall, product liability, medical malpractice, and wrongful death.
- Avoiding admitting fault, delaying medical care, ignoring the doctor’s advice, failing to document injuries, giving recorded statements to insurance companies, posting about the accident on social media, missing claim deadlines, and accepting inadequate settlement offers can strengthen your injury claim.
- Personal injury compensation includes medical bills, lost wages, property damage, quality of life, mental and emotional trauma, pain and suffering, and wrongful death payouts for surviving family members.
- According to New Jersey Statutes Section 2A:14-2, you have two years from the harm to sue.
- In cases involving juveniles, people with mental disorders, or defendants who leave the state, the filing date may be extended.
What is Personal Injury?
Someone else’s actions inflict personal injury. It includes many physical, emotional, and psychological injuries. Personal injury law, often called tort law, helps injured individuals recover damages.
Negligence causes most personal injury cases. Each state has different personal injury laws, which affect compensation. Depending on what transpired, personal injury case steps can vary.
Someone injured by someone else can ask for money for medical bills and other expenditures. Most instances are resolved by agreement between the parties or an insurance company. If they can’t agree, the damaged party can sue.
What Are the Most Common Types of Personal Injury Claims in New Jersey?
The most common personal injury claims in New Jersey arise from:
Car Accidents
One of the most common personal injury lawsuits in New Jersey is car accidents, frequently caused by speeding or distracted driving. Car accident injuries can range from minor bruising to significant trauma, requiring considerable medical treatment and rehabilitation.
Truck Accidents
Due to their size and weight, big rigs can cause devastating accidents. Truck crashes can cause spinal cord injuries, traumatic brain damage, and death.
Motorcycle Accidents
Motorcycle riders are less protected than other vehicle occupants, putting them in danger of serious injury. Even with protective gear, motorcyclists can suffer road rash, broken bones, and head injuries in crashes.
Bus Accidents
Bus accidents can seriously injure passengers, pedestrians, and other vehicle occupants. Bus accidents often cause whiplash, fractures, and head injuries that require considerable medical care and rehabilitation.
Slip and Fall Accidents
New Jersey personal injury claims are commonly caused by slip and fall accidents on wet or uneven floors. Depending on the fall, these mishaps can cause minor bruising to major fractures or head trauma.
Product Liability
Product responsibility cases arise when defective motor vehicle parts, medical devices, or consumer items injure people. Defective items can cause minor cuts and bruises to life-threatening diseases that require medical attention and may cause long-term disability.
Medical Malpractice
Medical malpractice happens when healthcare providers violate the standard of care, endangering patients. Medical malpractice includes surgery, diagnostic, and medication errors that cause patients bodily and mental pain.
Wrongful Death
Wrongful death claims arise when individuals lose their lives due to the negligent or intentional actions of others, such as in car accidents or medical malpractice incidents. Survivors can bring a wrongful death claim to recover funeral costs, financial support, and emotional pain.
What Are the Steps to Take Following an Accident in New Jersey?
After an accident in New Jersey, there are steps you can take to help yourself get better physically, emotionally, and financially. Your health and safety should come first. Follow these steps to start making a personal injury claim:
- Make Sure You’re Safe. If you were in a car crash, move your car to a safe spot by the road.
- Check Yourself for Injuries. Look for any pain, tingling, or numbness. Also, check if others in the accident are hurt.
- Report the Accident. Tell someone about what happened and if you’re injured. This could be the police, your boss, or someone else who needs to know.
- Gather Information. If you can, take pictures and write down what happened. Get details from witnesses, too.
- See a Doctor. Tell your doctor what happened and ask for your medical records.
- Call Your Insurance. Let them know about the accident so you can start a claim.
- Talk to a Personal Injury Lawyer. Get advice from a Shrewsbury personal injury attorney before you do anything else with your case. They can help protect your rights.
If you’re in an accident in New Jersey and you’re hurt, feeling overwhelmed, and not sure about what to do next, try to stay calm. Just know that there’s support and assistance out there for you.
Do I Have a Personal Injury Claim?
Examining your New Jersey accident to determine if you can file a personal injury claim is typical. You must prove that the accident’s cause was negligent and caused your injuries. Negligence in a personal injury case has four parts:
- Duty of Care. You must act responsibly, like a careful person would, in similar situations.
- Breaking the Duty. Any action or failure to act that doesn’t meet the responsibility to be careful.
- Actual Damages. You need to have suffered injuries or some other kind of harm to make a claim.
- Proving Fault. You must show that the other person’s failure to be careful caused or significantly added to your injuries.
A preponderance of evidence, or clear and convincing proof, is needed to prove your personal injury claim. The more evidence you or your lawyer can gather against the defendant, your case strengthens.
What Are the Mistakes to Avoid in My Personal Injury Claim?
After a personal injury accident in New Jersey, there are certain actions you should avoid. Steering clear of these common mistakes can help make your injury claim stronger.
Admitting Fault for the Accident
If you admit fault for the accident, it could harm your chances of getting compensation. Remember, it’s important to avoid saying anything suggesting you were responsible. Instead, let the investigation determine who was at fault.
Delaying Medical Care
Delaying medical care after an accident can make your injuries worse and weaken your claim. Always seek medical attention promptly to ensure your injuries are properly treated. Waiting too long may also give the impression that your injuries aren’t serious.
Ignoring Your Doctor’s Advice
Ignoring your doctor’s advice could prolong your recovery and affect the outcome of your claim. Following their instructions is essential to give yourself the best chance of healing properly. Your doctor’s records will also serve as important evidence in your case.
Failing to Document Your Injuries
When you’re injured, it’s crucial to document everything. Take pictures of your injuries and keep track of any medical reports or bills. Not documenting your injuries could weaken your claim and make it harder to get the compensation you deserve.
Giving the Insurance Company a Recorded Statement
Be careful about what you say to the insurance company. They may use your words against you later. It’s best to consult with a personal injury attorney before giving any recorded statements to the insurance company.
Posting About Your Accident on Social Media
Think twice before sharing details about your accident online. Insurance companies may use your social media posts to undermine your claim. It’s wise to refrain from posting anything related to your accident until your case is resolved.
Missing Your Deadline to File a Claim
Don’t wait too long to file your claim. There are deadlines, known as statutes of limitations, for filing personal injury claims in New Jersey. Missing these deadlines could result in losing your right to seek compensation.
Accepting the Very First Settlement Offer
Resist the urge to accept the first settlement offer from the insurance company. It’s often lower than what you deserve. Take the time to evaluate the offer with the help of your attorney to ensure it adequately covers your damages.
Failing to Hire a Personal Injury Attorney
Having the right attorney on your side can make a big difference in your case. A personal injury attorney will know how to navigate the legal process and negotiate with insurance companies. Don’t make the mistake of trying to handle your personal injury claim alone.
Our Dedication to Justice
Personal injury cases in New Jersey can be complicated, but with the appropriate legal team, you can rest assured that your rights are protected. Kreizer Law can help you get compensation for a car accident, slip and fall, or employment accident.
Our Shrewsbury personal injury lawyer fights for justice and ensures our clients receive the treatment and compensation they need to go forward. We can also represent you in broken bones, spinal injuries, nursing home abuse, medical malpractice, and sexual abuse.
Kreizer Law can help you navigate personal injury law with compassion and knowledge. Contact us today.
