It is one thing to be injured by accident where nobody is really to blame. It is quite another thing to be injured by someone else’s negligent or even intentional actions.
If you were injured because of someone else’s bad behavior, you should hold them accountable in a personal injury lawsuit. Injuries are not only painful, but they are also expensive. The person who harmed you should be the one footing the bill. To hold the defendant liable, you must prove they were negligent. Much important evidence will come from the scene of your injuries, although other evidence may be gathered elsewhere. Photos, physical evidence, and witness testimony are paramount to your case. You can claim not only the economic damages you experienced but also non-economic damages like your physical pain and emotional trauma.
If you were injured by another person’s negligent or intentional acts, you can hold them liable and make them pay for your damages. For a free case evaluation, call The Carrion Law Firm at (718) 841-0083.
Why File a Personal Injury Lawsuit in Newark, NJ?
The term “personal injury” refers to injuries or damage to a person’s body. People sometimes mistakenly expand this term to include any injuries that feel personal in nature. While other damages can be brought alongside personal injury damages, a personal injury lawsuit must include harm to your physical body.
You should consider filing a personal injury lawsuit if you were badly injured, needed medical attention, and believe someone else is responsible for causing your injuries. Even with health insurance, medical bills can be very expensive, and many people are not prepared to pay for these kinds of costs. The costs become staggering when you pile on expenses for property damage, missed time from work, and other damages.
Even if the costs related to your personal injuries were not overwhelming, you should still consider filing a lawsuit to get justice for the harm done to you. People should not be allowed to hurt others and get away with it. The negligence that leads to personal injuries is often not a criminal offense, so defendants are often not criminally charged. As such, the only form of justice injured victims can hope for is a civil personal injury lawsuit. Our Newark, NJ personal injury attorneys can help you get your case started and get you the compensation you need.
How to Prove Liability for Personal Injuries in Newark, NJ
To hold the defendant in your case liable, we must prove they acted with negligence. Negligence is comprised of four crucial legal elements. We must establish duty, breach, causation, and damages to prove the defendant was negligent and should be held liable. Our Newark, NJ personal injury lawyers can go over your case and help you gather the evidence you need to prove negligence.
The first element we must prove is duty, which encompasses the defendant’s legal obligation owed to the plaintiff. This legal obligation will vary based on the plaintiff’s relationship with the defendant. For example, in car accident cases, defendants have a legal duty to drive with reasonable care under the circumstances and follow traffic laws. If the case revolves around premises liability, the defendant has a duty to make their property safe for guests.
The next element, breach, is the act or inaction that violated the defendant’s duty. Again, this element will look different in different cases and our Newark. NJ personal injury attorneys can review your case to determine how the defendant breached their duty. In the previous car accident example, a breach might be running a red light, speeding, or failing to use a turn signal.
The element of causation is the bridge between the breach and the accident itself. Establishing this element means proving the breach is the direct and proximate cause of your injuries. To fulfill this element, we might have to disprove claims by the defendant that something other than their actions caused your injuries.
The last element is damages, which includes all your injuries and losses. To satisfy this element, we have to show your damages and injuries are real and not just possibilities that could have been.
Evidence you Need for a Newark, NJ Personal Injury Case
The main focus of your case is evidence. We cannot prove the defendant was negligent and hold them liable for your injuries without evidence. A lot of critical evidence might come directly from the scene of injuries. Other evidence might be gathered later from other, sometimes unexpected, locations.
If you were injured in an accident, you should try to take pictures and record videos of the accident scene right away. This is common practice in car accidents where people take pictures to send to their insurance companies. Those pictures can also be used to establish important details about how your injuries happened and who should be held liable.
You should also get medical attention as soon as possible for two crucial reasons. First, getting prompt medical attention is important for your overall health and physical wellbeing. Second, getting treated as soon as possible makes for more accurate medical records. You should also follow up with your doctor multiple times so that your injuries’ progress is accurately recorded.
Witness testimony is crucial to your personal injury lawsuit. The more people we can find who observed your injuries happen or have some other firsthand knowledge about the incident, the stronger your case will be.
Damages You Can Claim for Personal Injuries in Newark, NJ
The primary reason most people file a lawsuit is for damages. Your damages are your injuries, losses, and financial costs associated with your injuries. While many damages are economic and come with a predetermined value, others are non-economic and more subjective. Our Newark, NJ personal injury attorneys can help you accurately calculate your damages.
Your economic damages should include all the medical expenses you have incurred since being injured. If you are going through long-term treatment, you can also include your future medical costs. Other economic damages may include lost wages from missing work due to your injuries. You can even include the value of damaged property.
Non-economic damages are harder to pin down because they vary from person to person. Your emotional and physical pain and suffering can be included in your non-economic damages because they took a serious toll on your physical and mental wellbeing, even though they did not come at a financial cost.
Contact Our Newark, NJ Personal Injury Lawyers
After being injured because of another person’s negligence, you deserve financial compensation and a sense of justice and closure. Our Newark, NJ personal injury lawyers will fight to get you the compensation you need. For a free case evaluation, call The Carrion Law Firm at (718) 841-0083.
