What Is A Personal Injury Claim? How Do I Know If I Should File One?
If you are injured due to the negligent conduct of another, you may have the basis for a claim against that person and you may be entitled to recover money damages for your injuries including pain and suffering, out of pocket medical expenses, lost wages and other losses.
Any personal injury case involves two issues: liability (who is at fault for the accident?) and damages (what kind of injuries were sustained and what is the value of those injuries?). The mere fact that you were injured in an accident doesn’t necessarily mean you are entitled to collect money damages. You must prove that someone is legally responsible for your injuries. Generally, you must prove that the person against whom you are making a claim was negligent and that his or her negligence caused your injuries. For example, if you fall and get hurt on someone else’s property, you are not entitled to recover money damages from that person just because you fell on their property. You must first prove some type of dangerous condition or defect in the property and you must prove that the property owner is legally responsible. In the case of an injury resulting from a slip and fall or trip and fall, liability may depend upon whether the property was residential or commercial and on your status on the property-were you invited to be on the property or were you a trespasser?
In the case of a motor vehicle accident, the liability of another driver may depend not only on whether the driver was negligent in causing the accident but also whether your injuries meet the “threshold” you elected when purchasing your automobile insurance policy. If you elected the more limited threshold, you would only be able to make a claim against the driver who caused the accident if you have sustained an injury that is permanent based on objective evidence.
If you have been injured in any kind of accident, it is important to speak to an experienced personal injury lawyer as soon as possible. At Pezzano Mickey & Bornstein, representing injured people is all we do. We are here to help you get the medical treatment you need and to evaluate any potential claims against the responsible parties.
What Are The Steps In The Personal Injury Recovery Process/Filing Of A Claim?
Most personal injury claims can be resolved by a settlement with the responsible party’s insurance company. The most important thing to do is to get the necessary medical treatment for the injuries you suffered as a result of the accident. This may involve determining which insurance company or companies are responsible for paying for your medical care. The attorneys at Pezzano Mickey & Bornstein are experienced in making sure your medical treatment is being provided by the appropriate insurance companies. It is important to put all potential parties, and their insurance companies, on notice of your claim. When you become one of our clients, we want you to focus on getting better and getting back to your usual activities. Let us worry about getting your claim resolved. We will gather your medical records and provide everything the insurance company needs in order to evaluate your claim and we will fight to get you the best settlement possible.
Personal injury claims in New Jersey are governed by the statute of limitations which, in most cases, is two years. This means that if your case cannot be settled with the insurance company, a lawsuit must be filed within two years of the date of the accident or you will lose your right to collect any money damages. Once a lawsuit is filed, your case goes through a period known as the discovery period. During this time, the parties exchange information about the case so that each side knows what evidence the other side plans to present at trial. During the discovery period you may be asked to provide answers to written questions, known as interrogatories, and to provide live testimony under oath, known as a deposition. You may also be asked by the defense to submit to a physical examination.
We consider it our job to advise you and to give you our opinion about the merits of your case but to also let you decide how and when your case gets resolved. You always have the option of rejecting a settlement offer and filing a lawsuit and resolving your case in court. At Pezzano Mickey & Bornstein, we are experienced trial attorneys. The proper preparation of your case for trial will ultimately make a settlement more likely.
Can I Even Afford An Experienced Personal Injury Attorney?
The simple answer is “yes”! Most personal injury cases are taken on a contingency basis. This means that your attorney gets a percentage of the monetary recovery you receive. The New Jersey Rules of Court dictate the contingency fees your attorney can charge. In most cases, the fee is one-third of the net recovery. You should only retain an experienced personal injury attorney who specializes in these cases.
You should retain an attorney who has been certified by the New Jersey Supreme Court as a Civil Trial Attorney. A Certified Civil Trial Attorney is a designation granted by the New Jersey Supreme Court to attorney who are able to demonstrate sufficient levels of experience, education, knowledge and skill in civil trial practice. Wendy S. Bornstein has been certified by the New Jersey Supreme Court as a Civil Trial Attorney continuously since 1990.
For more information on Personal Injury Claims In New Jersey, A Free Case Evaluation is your next best step. Get the information and legal answers you are seeking by calling (908) 923-0020 today.
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