Accidents are an inevitable part of life, and most of us will be injured in some sort of accident at some point. Whether your injuries are minor or severely debilitating, you may file a personal injury case against those responsible. If successful, you may be awarded fair financial compensation to cover your damages.
Personal injury cases may involve a wide range of accidents and injuries, but almost all personal injury cases must involve some kind of bodily harm. While accidents are common, some cases may involve injuries from intentional acts of harm. Your damages may reflect the cost of medical care, lost or damaged property, and painful experiences, like distress and trauma. You may pursue compensation by having a full trial, or you might instead negotiate a settlement. Still, your damages might be covered by insurance, and an attorney can help you with your claims.
Call our personal injury lawyers at The Carrion Law Firm at (973) 604-6499 and ask for a free initial case evaluation to get started.
How to Know if You Have a Personal Injury Claim
Personal injury laws apply to a very broad spectrum of cases, and you might be unsure of exactly what kind of case you have.
Generally, personal injury claims must involve physical injuries. If you were physically unharmed by the defendant, you likely do not have a personal injury claim. However, you might have a different kind of claim that you should discuss with your attorney.
It can be confusing to determine what kind of claim you have because you may bring other claims alongside your injury claims, like claims for property damage. For example, you might file a personal injury lawsuit if you were injured in a car accident. Not only can you claim damages related to your injuries, but you may also claim things like property damage related to your vehicle.
Consider the factors surrounding the injuries. Many personal injury cases stem from accidents. If you were injured in an unfortunate accident, there is a good chance you may file a personal injury case.
How to Begin Your Personal Injury Case
Starting a personal injury case is easier said than done. These cases often take a lot of time and effort to prepare, and you need help from an experienced attorney.
To start your personal injury lawsuit, we must first draft and file a formal legal complaint. This sounds simple, but the complaint is a lengthy and formal legal document that must contain extensive, specific details about the accident, your damages, and evidence. If the complaint is lacking in any way, the court could reject it, and we would have to start over and lose more time.
We need some evidence to back up your claims and show that you have a valid cause of action. If we file the complaint without evidence to support your claims, it will very likely be rejected. Remember, we do not have to include all possible evidence or even enough evidence to meet our burden of proof. We only need enough evidence to show that you have a valid claim.
Should I Call the Police After a Personal Injury in Newark, NJ?
The police may be involved in your case, depending on the circumstances of your injury. While many plaintiffs report accidents and injuries to the police, it is not always necessary. If you did not get the authorities involved, talk to our personal injury lawyers about it, as there may still be time to contact them.
In some cases, it is necessary or even required that you alert the police to your accident. For example, drivers involved in serious or deadly car accidents are often required to contact the police. In New Jersey, under N.J.S.A. § 39:4-130, the driver of a vehicle involved in an accident that causes injury, death, or property damage amounting to at least $500 must report it to the police “by the quickest means possible.”
However, not every accident or incident needs police intervention. You might be injured in a hospital by a negligent doctor, but you likely would not contact the police.
Recoverable Damages in a Personal Injury Case
Personal injury cases may involve a multitude of damages, which might be worth far more compensation than you first think. It is best to review all your damages with an attorney so you know what your claims are worth.
Losses or injuries that take a direct financial toll may be counted among your economic damages. These damages are often proven with evidence of monetary expenses. For example, your medical bills from receiving treatment for injuries, property damage, and even lost wages from being unable to work are common economic damages.
Your non-economic damages pertain to subjective personal experiences and usually cannot be established through evidence of cost. Instead, these damages are unique to you and how you experienced the accident, your injuries, and the resulting fallout. Common non-economic damages include physical pain, distress, mental suffering, psychological injuries, humiliation, and more.
Records and Evidence to Prove Your Personal Injury Claims
Proving your claims will likely be challenging. Not because your claims are weak, but because the judicial system is designed to be challenging. We need as much strong evidence as we can gather, including records, documentary evidence, witnesses, and more.
Various records may help us prove your claims. For example, medical records may shed light on your injuries, while business records might reveal negligent business practices that led to your accident. Even police records, while usually inadmissible, may help us locate other evidence we do not yet know about.
Photos and videos are commonly used as evidence in personal injury cases. You might have recorded some photos and videos yourself following the accident. Many people do this to send to their insurance companies, although these recordings may also be used in court. We can also check for things like security camera footage or photos taken by witnesses.
Witnesses may also be incredibly important, especially if they saw firsthand how the defendant caused your injuries. The more witnesses we have, the better, as they may provide details about the accident from multiple vantage points.
Who Can You Sue for Personal Injuries in Newark, NJ?
One of the most important details of your case is who to include as a defendant.
Many plaintiffs sue private individuals for their injuries and damages. A common example of this is in car accident cases where plaintiffs often sue the other driver in the collision. Sometimes, the individual does not need to be present during the accident to be responsible, such as the owner of a property where you were injured.
You may also sue entire businesses or organizations. This often comes up when a person is not to blame for your accident, but the business they work for is. In many cases, a business may be responsible for a negligent employee, and the employee may be included in the case, meaning you can sue the person who hurt you and the larger business behind them.
It is also possible to sue governmental entities, although this is arguably more difficult as governmental entities often enjoy some limitations on their legal liability. Check with your attorney about the situation as soon as possible to learn if you can sue the government for your injuries.
When to File a Personal Injury Case in Newark, NJ
An important factor in personal injury cases is timing. If you wait too long, you might have difficulty filing your claims in court. You might even be completely barred from filing if too much time has passed since your accident, barring special conditions.
According to the statute of limitations under N.J.S.A. § 2A:14-2(a), personal injury plaintiffs have only 2 years to file their civil cases in court. This time normally starts when the cause of action accrues. For most, this is when the accident happens. For others, it might be a bit later. For example, if the plaintiff is a minor when they are hurt, their cause of action may not accrue until they turn 18.
Under special circumstances, plaintiffs may have the limitation period tolled, thereby extending their time to file their cases. One example is tolling for absent defendants, under § 2A:14-22(a). If the defendant is outside the state or leaves the state after your accident, the time that they are beyond New Jersey’s jurisdiction may not be counted toward the limitation period.
How You Receive Compensation for Personal Injuries
You may obtain fair financial compensation in several ways. You should speak to your attorney about the best way to get compensation for your specific case.
Many plaintiffs obtain compensation through a court judgment, which normally happens after a full trial and jury verdict. It can take time and a lot of effort to get a favorable judgment, but it may be worthwhile, as a judgment may cover the entire extent of your damages.
Many plaintiffs get compensation through settlements with defendants. The value of a settlement will vary based on the case and negotiations. Plaintiffs with stronger claims tend to get better settlements. However, settlements are often the result of compromise, and you should be prepared to accept compensation that is a bit less than your total damages.
It is also possible to get compensation through insurance. If you or the other person in the case has insurance that covers the accident, it might be worth your time to have our personal injury attorneys review your claim.
Factors That Influence the Value of Your Personal Injury Claims
Knowing the value of your claims is not easy. We need proof of your damages, costs, and painful experiences to get an accurate idea of how much compensation you deserve.
One important factor to think about is the severity of your injuries. While you do not have to have catastrophic injuries to be able to sue, more serious injuries tend to lead to bigger hospital bills and larger overall damages.
We must also consider how your injuries affect other aspects of your life. Injuries might interfere with your ability to do your job, maintain personal relationships, or the accident might affect your reputation within your community.
The defendant’s behavior is also important. Even if your injuries are not severe, the defendant might be unremorseful to the point that they come off as cold and callous. In such cases, juries may be more sympathetic toward plaintiffs and be inclined to award greater compensation.
How Long Do Personal Injury Cases Take?
Every personal injury case is different. While some take a long time, others move relatively quickly.
A full trial will likely take time. Some trials may take months to complete. Others have taken a year or more. Especially complex trials where damages are high might take several years to complete.
Settlements may take less time, but they are not guaranteed. Some plaintiffs receive a good settlement offer almost right away. Others must negotiate for a good settlement. Still, others do not get a good settlement offer until their trial is almost over.
What to Do if the Defendant Refuses to Pay After a Personal Injury Judgment
Even when a plaintiff gets a favorable judgment, defendants do not always pay. They might be unable to pay right away, or they might outright refuse. In such cases, we can get help from the court, although this will take more time.
We can ask the court to enforce the judgment. If the defendant still refuses to pay, the court might place a lien on their property, garnish their wages, or take other legal action against their assets and accounts.
If the defendant is unable to pay, we might work out a payment plan or some other payment arrangement with the defendant.
For Legal Help with Your Case, Call Our Newark, NJ Personal Injury Lawyers
Call our personal injury lawyers at The Carrion Law Firm at (973) 604-6499 and ask for a free initial case evaluation to get started.
