Elizabeth, NJ Personal Injury Lawyer
A personal injury lawsuit may arise after one person causes bodily harm to another. Personal injury law is broad and encompasses a wide range of injuries and cases.
The key aspect of a personal injury case is bodily injuries caused by the defendant’s negligence or intentional conduct. Personal injury cases can include numerous injuries, like 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 a lawyer and file your lawsuit as soon as possible after being injured. Typically, plaintiffs have a time limit of 2 years to file, although this deadline might be extended under special circumstances.
After being injured because of someone else’s negligent behavior or intentional acts, you deserve compensation. Our Elizabeth, NJ personal injury lawyers can help you hold the person who hurt you liable. Call The Carrion Law Firm at (718) 841-0083 for a free case evaluation.
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. If another driver hit you while you were driving your vehicle, riding a bike, or simply walking, you can 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 red light, 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 can be sued.
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 Elizabeth, NJ personal injury 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 may 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 Elizabeth, NJ personal injury 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 family of the victim often pursues the case.
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.
Damages Available in Elizabeth, NJ Personal Injury Cases
Damages in personal injury lawsuits can be very high when injuries are severe. 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 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 our Elizabeth, NJ personal injury attorneys can help you calculate your damages.
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 2 years from the date of their injuries to file a personal injury lawsuit. 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 limitation 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 are 18, according to N.J.S.A. § 2A:14-21.
Call Our Elizabeth, NJ Personal Injury Attorneys for Help Now
If you experienced bodily harm at the hands of another, you can hold them liable for their actions in a personal injury lawsuit. For a free evaluation of your case with our experienced team, call The Carrion Law Firm at (718) 841-0083.