A personal injury lawsuit may arise after one person causes bodily harm to another. Personal injury law is broad and covers a wide range of injuries and cases.
The key aspect of a personal injury case is proving that a victim sustained bodily injuries caused by the defendant’s negligence or intentional conduct. Personal injury cases can include numerous injuries, like those caused by highway accidents, slip and falls, defective consumer goods, wrongful deaths, and many more. Your damages reflect the financial cost of your injuries. Some damages do not necessarily involve economic losses but can still be financially compensated. It is usually best to speak with our lawyer and file your lawsuit as soon as possible after being injured. Typically, plaintiffs have a time limit of two years to file, although this deadline might be extended under special circumstances.
Call The Carrion Law Firm at (718) 841-0083 for a free case assessment from our Elizabeth, NJ personal injury lawyers.
Different Kinds of Personal Injury Lawsuits in Elizabeth, NJ
Pursuing a personal injury lawsuit is often challenging for injured victims because it can be hard to understand exactly what constitutes a personal injury. People often assume personal injuries are any injury of a personal nature. For example, people sometimes confuse property damage with personal injuries, although both may be claimed in the same case. A personal injury is an injury to your body, and the field of personal injury law is very broad, encompassing numerous types of injuries and cases.
Accidents on the Road
Accidents on the road or highway are arguably the most common types of personal injury cases in Elizabeth. If another driver hit you while you were driving your vehicle, riding a bike, or simply walking, you may be able to hold that other driver liable for your injuries. Injuries are often severe, sometimes catastrophic, and damages are very high.
Accidents on the road are often the result of traffic violations. For example, if another driver speeds through a stoplight, they might T-bone your vehicle in the intersection, causing severe personal injuries. More than one driver might also cause accidents, and all drivers you believe are responsible for your injuries may be sued.
New Jersey operates under a no-fault system for auto accidents. This means that if you were hurt in a crash, your personal injury protection insurance might be your first source of recovery. Victims in Elizabeth can sue for injury if they meet the serious injury threshold, as defined in N.J.S.A. § 39:6A-8(a). Our personal injury lawyers can review your medical records to confirm whether or not your injuries qualify you to sue in Elizabeth.
Premises Liability
Premises liability cases involve accidents on someone else’s property. One of the better-known premises liability cases is the slip and fall accident. A person can be held liable for such an accident because they own the property where it happened. However, property ownership is not the only thing our attorneys must prove to hold the defendant liable.
To be held liable, the defendant must not only own or be responsible for the property, but the accident must have occurred because the defendant failed to maintain the property. Also, plaintiffs must show that they were lawfully present on the property. Unknown trespassers are owed no duty of care and usually cannot sue for their injuries. Do not dismiss your slip and fall or other premises liability accident as insignificant. Many plaintiffs suffer severe injuries and need financial help to pay for expenses.
Product Liability
When you go to the store to buy a good or product, you trust that whatever you buy is fit to be used for its intended purpose. Consumers might be seriously injured when products are defective, broken, or poorly designed. For example, a person using a defective lawnmower might be severely injured if the machine malfunctions. In that case, you can sue the manufacturer or anyone else in the chain of sale.
There are generally two ways to prove a product liability case. First, you must show the item was damaged or defective when you purchased it. Second, you must show that the item was designed unsafely, making accidents and injuries more likely. Our attorneys can help you sue the manufacturer or others within the chain of sale, like the retail store owner where the defective item was purchased.
Wrongful Death
Sometimes, a personal injury is so severe that the injured victim passes away as a result of their injuries. This might arise in any of the examples mentioned above and other circumstances. A wrongful death involves the death of a victim due to the wrongful actions of another person. Those wrongful actions might be criminal (e.g., homicide) or non-criminal. In these cases, the personal representative of the victim can only pursue a case if the victim would have had reason to sue for personal injury had they survived.
In New Jersey, under N.J.S.A. § 2A:31-2, a wrongful death lawsuit must be brought by the deceased person’s estate administrator. This person is often named in the deceased person’s will. Damages may be recovered and paid to the deceased person’s estate or surviving family members, depending on what kind of damages you pursue.
Other Incidents
Because various negligent acts can lead to litigation, many accidents not mentioned above might cause a person to file a personal injury lawsuit in Elizabeth. For example, any type of construction accident, dog-biting incident, drowning accident, or intentional assault might make you eligible to file a personal injury claim. The crux of any injury lawsuit is that the at-fault party breached the duty of care they owed the victim and acted negligently, causing the victim’s injuries. Duties of care exist within many types of relationships, and many different negligent acts can cause injury to a victim. If you are unsure whether or not your case entitles you to compensation, ask our lawyers for clarification.
When to File a Personal Injury Lawsuit in Elizabeth, NJ
According to N.J.S.A. § 2A:14-2(a), a plaintiff has no longer than two years from the date of their accident to file a personal injury lawsuit in Elizabeth. Once this deadline passes, the plaintiff might lose their right to sue for their injuries forever. This rule is not always straightforward, as many injured victims do not realize their injuries until some time later or are prevented from filing a lawsuit due to reasons beyond their control.
Under N.J.S.A. § 2A:14-22(a), you can toll the statute of limitations if the person you want to sue is a resident of another state or has left the state and cannot be reached by a long-arm statute. Alternatively, suppose you were a minor when you were injured or had a disability that prevented you from filing a lawsuit. In that case, you can toll the statute until your disability resolves or you turn 18, according to N.J.S.A. § 2A:14-21.
Filing your claim by the end of the statute of limitations is of the utmost importance. This deadline exists to protect defendants from unfair persecution after too much time has passed from the date of an incident. If you do not file quickly enough, you put your access to compensation in jeopardy. Furthermore, delaying filing can make you appear uncommitted to your physical and financial recovery, which is why bringing your claim immediately after suffering a personal injury will be crucial in Elizabeth.
Establishing Fault in Personal Injury Cases in Elizabeth, NJ
All personal injury cases hinge on whether or not plaintiffs can establish four key elements: duty of care, breach, causation, and damages. Proving these elements typically requires the experience of our personal injury lawyers and clear evidence of fault.
The first step in your personal injury claim will be establishing that the negligent party owed you a duty of care. This duty is often present in various relationships. For example, property owners have a duty to ensure their properties are reasonably safe for visitors. Similarly, product manufacturers owe consumers a duty of care to ensure their products are safe to use, work properly, and come with the proper instructions.
Next, you must prove that a breach of the defendant’s duty of care took place. Suppose you were injured in an auto accident, and the accident occurred because the other driver was speeding. In that case, we will collect evidence proving the other driver was operating their vehicle recklessly at the time of your crash. This can be accomplished through witness statements and by reviewing the evidence from the accident scene.
After establishing that a negligent act took place, we must then make the connection between the breach of duty of care and your injuries. This is known as causation. Essentially, you must prove that you were injured because of the negligent party’s actions, not some other incident.
Finally, you will have to submit proof of your damages, showing that you incurred actual losses because of the at-fault party’s actions. Once you have established all four of these elements, you will have met the burden of proof in your case.
Damages Available in Elizabeth, NJ Personal Injury Cases
Damages in personal injury lawsuits can be very high when injuries are severe. Typically, victims are able to recover economic and non-economic damages, depending on their cases.
Economic Damages
Economic damages include the losses and injuries that cost you money. Some of the most significant damages a plaintiff can claim are medical bills. Medical expenses are rarely cheap. Even if you have health insurance, you might still have to pay for costly deductibles out of your own pocket. You might claim other economic damages, including property damage or lost income from missing work.
Non-Economic Damages
Non-economic damages are injuries, losses, or experiences stemming from your personal injuries that did not cost you money but still had a deep impact on your life. A more well-known form of non-economic damages includes mental and physical pain and suffering. You might also claim non-economic damages for harm to your reputation or even humiliation related to your injuries. The value of these damages often depends on your subjective experiences, and attorneys can help you calculate your damages.
Punitive Damages
In rare instances, punitive damages might be at play. Punitive damages are only awarded to victims of gross negligence. They are not used to compensate a victim but to punish a defendant for their extreme recklessness or disregard for others.
Call Our Personal Injury Attorneys for Help with Your Case in Elizabeth, NJ
For a free evaluation of your case from our experienced personal injury lawyers, call The Carrion Law Firm at (718) 841-0083.