Types of Personal Injury Claims
Personal Injury Lawyers in Freehold, New Jersey
Hundreds of thousands of accidents occur in New Jersey each year, many of which occur as a result of the negligent actions or reckless conduct of another party. When a person is injured in an accident caused by someone else, the law provides an opportunity to pursue compensation from the responsible person, company, organization, or other liable party. When you have sustained injuries and you suspect that someone else’s negligence played a part, it is important to understand the various types of personal injury lawsuits that may be an option for you and the types of financial recovery available if you are successful in bringing a claim. If you have questions about a potential personal injury lawsuit in New Jersey, or would like to discuss your specific circumstances with a lawyer experienced in handling all kinds of personal injury claims, contact us online or call 732-825-6120 for a free consultation.
What Types of Personal Injury Claims in NJ?
Personal injury law provides the injured with a means by which to obtain compensation from another person or party whose negligent actions resulted in their injuries. Lawsuits involving injury to a person that result from another’s negligence are known as personal injury claims. There are a broad range of circumstances that may compel a personal injury claim and not every event that results in injuries will provide grounds for a lawsuit. The following provides more information about some of the most common types of personal injury claims in New Jersey.
Car Accident Lawsuits
Car accidents lead to some of the most common types of legal claims in New Jersey. The New Jersey Department of Transportation receives approximately 320,000 crash reports annually, and a significant number of these car collisions result in personal injury lawsuits.
To successfully bring a New Jersey car accident lawsuit, you must first have the right to sue the other party under the terms of your auto insurance policy. New Jersey is a no-fault auto insurance state, and many basic auto policies include a “limited right to sue” provision. This provision can limit drivers to recovering any personal injury losses from their own personal injury protection (PIP) coverage. If you fall into this limited right to sue category, you can generally only bring a personal injury lawsuit against the driver who caused your collision if you suffered permanent injury like losing a body part, suffering significant scarring or disfigurement, suffering a serious fracture, or the like. If you have a limited right to sue clause and did not suffer one of the above types of injuries, you will not be able to recover damages for pain and suffering, but your economic damages may be covered by insurance.
Assuming you do have a right to sue under your auto insurance policy, you can bring a successful personal injury claim against the driver who caused your car crash by proving they were negligent. This means proving that they had a legal duty to drive in a reasonably safe manner, they breached that duty by failing to drive safely, and their failure caused injury to you. If you prove that the other driver was negligent, you may be able to recover economic damages (repayment of medical bills, repayment for time lost from work, recovery for property loss) and non-economic damages, such as pain and suffering. Read more about damages in personal injury cases.
Slip and Fall Cases
You may also have a personal injury lawsuit if you are injured because a property owner, such as a business owner, failed to keep their property in a reasonably safe condition and you suffered injury as a result. Such injuries often occur when property owners fail to secure or maintain stairway guardrails, fail to keep their sidewalks reasonably clear from ice or standing water, or if they fail to clean up spills in store aisles and you slip and fall as a result. If you are hurt in any of the above-listed scenarios, your case falls within a category of personal injury known premises liability. An experienced personal injury lawyer can advise you about whether you can recover economic and noneconomic damages from the property owner based on the facts of your unique case. Learn more about slip and fall claims, how they happen, and common injuries from slip and falls.
Medical Malpractice Claims
Another common type of personal injury lawsuit filed in New Jersey is a medical malpractice lawsuit. If you are harmed because of a doctor’s negligence or failure to follow acceptable medical practices, you should consult an attorney about your potential grounds for a medical malpractice claim. Provided that you can establish your doctor failed to reasonably adhere to the accepted standard of medical care used by other medical providers in the same medical specialty—and you suffered injury as a result—you may be able to recover money to compensate you for the harm you suffered. This includes monetary damages for real costs, such as medical expenses, as well as emotional suffering and other harm caused by your doctor’s negligence.
Product Liability Lawsuits
Lawsuits involving defective products are also fairly common in New Jersey and across the country. If a manufacturer fails to take reasonable care in designing, manufacturing, or marketing a product, and you are injured as a result of their negligence, you may be able to recover economic and noneconomic damages to compensate you for your injury. Speak with a New Jersey product liability lawyer who can evaluate whether your case may give rise to a successful personal injury claim.
Dog bites and attacks represent yet another one of the leading types of personal injury cases in New Jersey. The law in New Jersey is extremely strict when it comes to dog bites and other injuries caused by dogs. In fact, there is strict liability for dog owners under the law, which means an owner is responsible for any harm resulting from their dog’s aggressive behavior. Even if a dog has no known history of viciousness, the owner of the dog is responsible for keeping the dog properly leashed or otherwise secured to prevent potential injuries. As long as a person is in a public place or lawfully on private property, they have the right to pursue damages from an owner whose dog bites or otherwise injures them. We provide extensive information about dog bites and injuries resulting from dog attacks for your reference.
Do I have a Personal Injury Case in NJ?
If you think you may have grounds for a personal injury claim, the experienced New Jersey Personal Injury Attorneys at our firm can examine your specific case and provide informed legal guidance. If we determine that you may have a personal lawsuit, we will aggressively pursue the compensation you deserve. Call 732-825-6120 now for a free case evaluation.