Suffering a personal injury can be one of the most harrowing times in a person’s life. In many cases, victims will experience severe financial damages to treat their injuries.
Fortunately, you are entitled to compensation for the harm caused by another individual. While proving a personal injury case can be difficult, we can help. Our firm has years of experience helping our clients get justice in a wide variety of cases. Whether you were injured in a routine car accident or were the victim of medical malpractice, our team knows what it takes to win your case.
Contact The Carrion Law Firm today at (718) 841-0083 to receive a free case review from our personal injury lawyers.
How to Prove a Personal Injury Lawsuit in Lyndhurst, NJ
If you were injured in an accident caused by someone’s negligence, recklessness, or intentional actions, you can seek compensation through a personal injury lawsuit. Negligence is the most common type of personal injury claim, which our personal injury attorneys can help you prepare and file with the court. To pursue a successful claim, you will need to prove that the person or entity you are suing had a duty to provide a reasonable level of care, failed to meet that duty, and caused your injuries as a result. Finally, you must also be able to demonstrate the extent of the damages you suffered due to the accident.
Duty of Care
In order to prove that the defendant was negligent, you will need to determine the appropriate behavior for them under the given circumstances. This is referred to as their duty of care. There are various types of legal duty of care, which are determined by the relationship between the victim and the defendant. For example, a doctor has different duties to their patients, such as obtaining informed consent, compared to a driver’s responsibilities towards other drivers on the road, like following traffic rules.
Breach of Duty
After determining the responsibilities that the defendant had towards you, you can proceed to demonstrate that they failed to fulfill these obligations. For instance, a physician who neglects to inform a patient about the potential side effects or risks of a particular treatment has not obtained informed consent. Similarly, a driver who disregards a stop sign at an intersection has violated their duty to adhere to traffic regulations.
Causation
Proving that the defendant breached their duty is not enough to win your case. You also need to establish that the breach directly caused your injury. This means showing that you were not injured previously or suffering from a prior condition. When you receive medical treatment for your personal injury, your doctor will usually conclude what the cause was, which is why it is so important that you get medical care immediately after getting injured.
Damages
When you file a personal injury lawsuit, the aim is to receive payment for the consequences of your injuries. To achieve this, you need to explain how your current injuries have caused your damages. The damages that you claim will determine the amount you should receive. The amount of compensation depends on both economic factors and non-economic ones. It typically includes the costs for medical treatment, lost wages, and emotional harm caused by your injuries.
Personal Injury Cases Our Attorneys Commonly Handle in Lyndhurst, NJ
In Lyndhurst, people can sustain injuries from various types of accidents. Our firm is here to assist you in obtaining the compensation you deserve, no matter what type of personal injury lawsuit you are pursuing. We have successfully represented numerous clients in a variety of personal injury cases in Lyndhurst, including the following:
Car Accident Cases
Our team frequently deals with personal injury cases resulting from car accidents that occur in Lyndhurst. These typically consist of left-turn accidents, rear-end collisions, and accidents caused by distracted driving. Depending on the accident’s severity, victims might suffer minor injuries or even lose their lives. To obtain compensation, it is crucial to identify and sue the accountable driver. In some instances, more than one driver may be responsible for your injuries, and each can be held liable in a lawsuit.
Motorcycle Accident Cases
In Lyndhurst, motorcycle accidents often result in severe and life-changing injuries. Despite wearing helmets, motorcyclists face an increased risk of experiencing serious harm like head trauma and spinal cord damage when another driver causes an accident. Those who have been in a motorcycle accident might worry that they cannot receive compensation if they were also at fault for their injuries. However, it is still possible to pursue compensation for damages even if the victim shares some responsibility for the accident. In such cases, the compensation will be reduced by the percentage of fault attributed to the victim.
Uber and Lyft Accident Cases
In recent years, ride-sharing services like Uber and Lyft have become highly popular, but they have also led to an increase in accidents. It can be challenging to obtain compensation in such situations because Uber and Lyft drivers are considered independent contractors rather than employees. This gives them the freedom to choose their own working hours, which means that the companies themselves cannot usually be held responsible for accidents that occur while their drivers are using their apps. However, insurance coverage is typically available, which can potentially provide significant financial support to help injured drivers and passengers cover any damages they might have suffered.
Truck Accident Cases
Truck accidents frequently occur due to truck drivers ignoring safety protocols, such as driving beyond regulated hours or failing to inspect their vehicles before operating them on the roads. Legal cases involving truck accidents can be complex as multiple parties could be at fault. In these cases, victims might be able to sue both the trucking company for their employees’ negligence while on the job and the truck driver who caused their injuries.
Bus Accident Cases
Lyndhurst is a busy area given its proximity to New York City, and bus accidents are frequently reported. Private bus companies and public ones carry the responsibility of ensuring the safety of numerous passengers daily. If they act negligently or fail to maintain their buses properly, they should be held accountable. However, suing a bus company operated by the municipal government in Lyndhurst usually requires overcoming additional obstacles before you can file a lawsuit against them.
Bicycle Accident Cases
It is also becoming increasingly common for people to choose cycling as a means of transportation, which unfortunately has led to more bicycle accidents. Additionally, some drivers may not stop after hitting a pedestrian with their car, which can make matters even more challenging. However, our team can investigate your case and collaborate with local law enforcement agencies to identify the hit-and-run driver responsible for your injuries.
Our Lyndhurst, NJ Personal Injury Lawyers Can Help Your Case
For a free case assessment with our personal injury attorneys, call The Carrion Law Firm at (718) 841-0083.