Is a Car Accident a Personal Injury Case?

Posted October 12th, 2020 by .

Categories: Auto Accidents, Personal Injury.

Personal Injury Legal Terminology | The Law Offices of Anthony Carbone

Is a Car Accident a Personal Injury Case?

A car accident can result in property damage, bodily injury, or death. Victims who sustain injuries due to the negligent or unlawful acts of another party might be eligible to file a personal injury claim. Their rights are protected under personal injury law. So, is a car accident a personal injury case?

This question is a common concern among car accident victims. The answer determines the damages a victim can pursue from an auto accident. In this article, we review personal injury cases in New Jersey and how they relate to car accidents.

If a negligent driver has injured you, a Bayonne Car Accident Attorney can help you determine the damages you are eligible for and how to pursue them.


What Is a Personal Injury Case?

You have a personal injury case if you are injured due to another party’s unlawful or negligent acts. Your injury could be mental, physical, or both. Depending on your case, you could have been injured in a car accident, slip and fall, or medical malpractice incident, among other accidents.

Personal injury claims are regulated by personal injury law. Among other elements, you must prove negligence and damages to have a valid case.


Personal Injury Vs. Property Damage

Several things could happen during a car accident. You could get injured, and your car could get damaged. While both losses are related to the accident, only one qualifies as a personal injury claim. A personal injury claim covers any harm that occurs to your body, emotions, or mind, not your property.

If only your property is damaged in an accident, you could be eligible for a property damage case. However, if you also sustained injuries, you could file a personal injury claim.

A personal injury is any state that affects your physical or mental health. Mental injuries can include emotional trauma, anguish, and pain and suffering. On the other hand, common physical injuries include:

  • Head and brain injuries
  • Spinal cord injuries
  • Neck injuries
  • Shoulder injuries
  • Burn injuries
  • Back injuries
  • Broken or fractured bones
  • Soft tissue injuries
  • Internal bleeding
  • Cuts, bruises, and lacerations

A physical injury might appear immediately after a car accident. It could also develop over time. Consequently, it is best to work with an attorney to determine your present and future losses.


Negligence as a Basis for a Personal Injury Claim

Personal injuries can occur in two ways, through intentional accidents or someone’s negligence. Generally, you have a personal injury claim if you can prove a negligent party caused your car accident. This means you must show the other party owed you a duty of care but breached that duty.

Drivers owe other road users a duty of care not to act in a way that could edger their lives.


How Can a Bayonne Car Accident Attorney Help?

Is a car accident a personal injury case? Technically, yes. A personal injury case refers to an accident where the victim sustains a physical, emotional, or mental injury. Car accidents cause mental anguish and injuries to the head, chest, neck, shoulder, spinal cord, and more.

Anthony Carbone Law is devoted to protecting the rights of car accident victims. We help our clients learn their rights and legal options, as well as how to pursue them.

Contact us today to discuss your accident with a Bayonne Car Accident Attorney.




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