Personal injuries refer to harm caused by other parties’ negligent actions. The road to recovery after a personal injury can be difficult to navigate. Personal injuries can produce physical pain, emotional anguish, and financial stress for victims.
Fortunately, victims may pursue monetary damages through personal injury lawsuits. In order for a personal injury lawsuit to succeed, the plaintiff must demonstrate that the defendant caused or contributed to their injuries. There are multiple forms of evidence that can be used to prove that a negligent defendant was at fault for an accident.
If you were injured because of another party’s negligent actions, get help recovering the monetary damages available to you. Contact our experienced Montclair personal injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
Time Limit to File a Personal Injury Lawsuit in Montclair, NJ
Personal injury victims will have two years from the date of an accident to file a personal injury lawsuit. Failure to file your lawsuit on time could cause you to forfeit your case. Furthermore, important evidence can become harder to collect over time. For instance, important witnesses can become harder to contact and crucial documents can become lost. Accordingly, victims should file their case as soon as possible. Our Montclair personal injury lawyers can provide assistance when filing your case.
Categories of Damages Available to Plaintiffs in Montclair, NJ Personal Injury Lawsuits
There are multiple categories of damages available in Montclair personal injury lawsuits. However, the process for establishing such damages can be complex. Out Montclair personal injury lawyers can help determine which of the following categories of damages may be recovered in your case:
Lost Wages
Personal injury victims are often forced to miss work because of their injuries. Accordingly, personal injury plaintiffs may be compensated for lost income incurred because of an accident. Damages for lost wages are typically calculated using a victim’s average weekly wage.
Furthermore, some personal injuries may affect a victim’s ability to work in the future. In such cases, plaintiffs may also be compensated for their lost future earning capacity. Expert witness testimony may be required to recover damages for a lost earning capacity in the future. Our lawyers can help call on the right experts to support your case.
Medical Expenses
Plaintiffs in personal injury lawsuits may also be compensated for the cost of all medical expenses related to an accident. These expenses can cover all costs from prescription medications to rehabilitative therapies. Our Montclair personal injury lawyers can help victims recover damages for the cost of past, current, and future medical treatment related to their injuries.
Property Damages
In some cases, personal injury victims may also incur property damages. For example, a motorcycle accident victim may incur serious damage to his vehicle because of a crash. In such cases, plaintiffs may be compensated to the cost of repair or replacement of their damaged property.
Out-of-Pocket Expenses
Furthermore, plaintiffs may also seek compensation for out-of-pocket expenses stemming from their personal injuries. For example, personal injury plaintiffs may recover damages for the cost of child care incurred because of an accident. Victims should keep any receipts for out-of-pocket expenses they sustain as a result of their injuries.
Pain and Suffering
Victims may also recover monetary damages for the physical pain and emotional suffering caused by their injuries. Damages for pain and suffering can be difficult to quantify. However, such injuries can produce detrimental impacts on victims’ lives. Our Montclair personal injury lawyers can help fight for pain and suffering damages in your case.
Loss of Enjoyment of Life
Some injuries, such as spinal cord injuries, may severely affect a victims’ enjoyment of life. Those who suffer spinal cord injuries may be unable to enjoy the same hobbies and activities they did before an accident.
Additionally, injuries that cause visible scarring or disfigurement may inhibit victims’ abilities to engage in social activities after an accident. Our experienced Montclair personal injury lawyers can help such victims recover financial compensation for their lost enjoyment of life.
Loss of Companionship
Lastly, some spouses may suffer a loss of intimacy and affection because of their injuries. In these cases, plaintiffs may pursue damages for their loss of companionship.
Comparative Negligence in Montclair, NJ Personal Injury Lawsuits
Damages will be awarded in Montclair personal injury cases using a modified comparative negligence rule. This means that damages will be awarded based on percentages of fault. For example, if a plaintiff was 40% at fault for an accident while the defendant was 60% responsible, the defendant will pay for 60% of damages caused by an accident while the plaintiff accounts for the remaining 40% with out-of-pocket expenses.
Additionally, under the modified comparative negligence rule, plaintiffs will be unable to recover compensation if they are found to be over 50% at fault for their injuries. For example, if a plaintiff is considered to be 50.1% responsible for an accident, they will be unable to recover monetary damages in a personal injury lawsuit.
Defendants and their insurance companies may hire teams of people to try and shift blame for a personal injury accident. By shifting blame, defendants may be able to avoid paying the full value of a claim. Our Montclair personal injury lawyers can help fight insurance companies to establish fault on behalf of a negligent defendant.
Common Types of Personal Injury Accidents that Occur in Montclair, NJ
There are many types of personal injury accidents. The strategies that apply to a particular case can depend on the type of accident that occurred. Our Montclair personal injury lawyers can help victims pursue compensation after suffering any of the following types of accidents:
- Slip and fall accidents
- Car accidents
- Pedestrian accidents
- Construction accidents
- Bus accidents
- Truck accidents
- Drowning accidents
- Medical malpractice
If You Were Injured Because of Another Person’s Negligent Conduct in Montclair, NJ, Our Lawyers Can Help
If you were injured because of another party’s negligent actions, seek assistance from our experienced Montclair personal injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.