What Is a Personal Injury Claim?

What Is a Personal Injury Claim?

You may want compensation when someone else’s negligence causes injuries, emotional distress, or financial loss. In New Jersey, victims seek compensation through personal injury claims. But what exactly is a personal injury claim

Freehold personal injury lawyers use these claims to recover compensation for clients injured in many different accidents. These accidents include car accidents, slip and fall accidents, and medical malpractice.

What Is A Personal Injury Claim in Freehold, NJ?

A “personal injury claim” is a legal claim that arises when you suffer harm that someone else is legally responsible for. A claim is an official request for compensation from a party believed to be responsible for causing your injury. Personal injury claims arise in many scenarios, including car accidents, slip and fall accidents, and medical malpractice cases.

Personal injury claims in New Jersey are resolved through lawsuits or settlements. Settlements involve negotiations between you and the parties responsible for your injuries or their insurers. If a settlement cannot be reached, a lawsuit lets you take the case to court, where a judge or jury determines the outcome.

What Are the Elements of a Personal Injury Claim in Freehold?

Not every accident or injury results in a personal injury claim; however, some do.

To proceed with a successful personal injury case in New Jersey, you need to prove four elements by a preponderance of the evidence:

  1. Duty of Care: You must show the person responsible for your injuries had a legal duty to act with a certain level of care under the circumstances. For example, drivers have a duty to obey traffic laws.
  2. Breach of Duty: You must show the person responsible for your injuries failed to meet their duty by acting negligently or failing to act as a reasonable person would.
  3. Causation: You must show the person responsible for your injuries directly caused them through their actions or inactions.
  4. Damages: You must show you suffered physical injuries, emotional distress, lost wages, or some other damages.

Personal injury lawyers help clients prove the elements of a personal injury claim in Freehold.

What Are Examples of Personal Injury Claims in Freehold, NJ?

Personal injury cases vary widely. They can happen in many different situations, often when you least expect it.

Common examples include:

  • Car Accidents: Drivers, passengers, or pedestrians may be injured due to the negligence of a driver speeding or driving drunk.
  • Slip and Fall: Shoppers or guests may be injured on a grocery store’s property due to hazardous conditions, such as wet floors or loose stairs.
  • Medical Malpractice: Patients may be injured when a healthcare professional’s negligence causes patient injury, such as from misdiagnosis or improper medications.  
  • Bicycle Accidents: Cyclists may be injured by motorists, poor road conditions, or defective cycling products.
  • Wrongful Death: Families may pursue claims when a loved one dies due to the negligence or wrongful act of another person or entity.

A Freehold personal injury lawyer will fight for compensation in minor or serious injury claims.

The Role of a Freehold Lawyer in Personal Injury Claims

It can be difficult to recover compensation through a personal injury claim by yourself in New Jersey. Personal injury lawyers specialize in representing those injured by another’s negligence or wrongful acts. 

A personal injury lawyer will typically:

  • Advise of Your Rights: Lawyers will advise of your rights and important personal injury laws, such as the two-year statute of limitations.
  • Evaluate Your Case: Lawyers will assess the merits of your case and the type of compensation you may be entitled to.
  • Gather Evidence: Lawyers will collect medical records, accident reports, witness statements, and other documentation to support your claim to an insurer, judge, or jury.
  • Negotiate with Insurance Companies: Lawyers will negotiate settlements to help you receive fair compensation.
  • Represent You in Court: If a settlement cannot be reached, a lawyer will represent you in court and advocate for the best possible outcome.

Freehold personal injury lawyers help you hold people accountable for physical injuries, emotional distress, or financial losses caused by negligence.

A Freehold Personal Injury Lawyer at Clark & Noonan, LCC Can Help With Your Personal Injury Claim

A personal injury claim is a pathway to recovery if you or a loved one have suffered harm from someone else’s negligence. A Freehold personal injury lawyer at Noonan & McMahon, LLC will fight for the justice and compensation you deserve. Contact us for a free initial consultation.

Noonan & McMahon, LLC – Freehold Office
35 Court St 1A, Freehold, NJ 07728
(732) 303 7857