New Jersey Personal Injury Law Basics
Posted November 16th, 2020 by Anthony Carbone.
Accidents can happen to anyone. When they do, they can cause untold physical, emotional, psychological, and financial harm. Personal injury law exists to protect the victims of accidents caused by negligence. It allows you to seek compensation for your medical bills, lost wages, and pain and suffering.
If you have been injured in an accident, it might help to speak to a Jersey City Personal Injury Attorney. Meanwhile, these personal injury law basics will help you know your rights and how to protect them.
Common Types of Personal Injury Cases
A personal injury refers to any physical, psychological, or emotional harm that comes to you due to the negligent acts of others. Although you could get injured in many ways, some of the most common causes of personal injury are:
- Car accidents
- Bus accidents
- Pedestrian accidents
- Bicycle accidents
- Slip and fall accidents
- Workplace accidents
- Dog bites
Each personal injury case is governed by its own laws. For instance, car accident laws might not apply in a premises liability case. An attorney can help you understand the nature of your case.
Proof of Liability
Accident victims in New Jersey may be eligible for compensation. To explore this right, they must prove liability. This means that you cannot receive damages until you prove that the at-fault party caused your injuries. You must establish the following:
- Duty of care – First, you must show that the at-fault party owed you a responsibility to act in a way that doesn’t endanger you.
- Breach – You must then prove that they breached this duty by acting negligently.
- Damages – Finally, you must connect your injuries and related losses to their negligence
Compensation Available for a Personal Injury Claim
When you file a personal injury claim, you do so to seek compensation. The main aim is to receive financial reimbursement that could restore you to the state you were in before the accident. You might be eligible for the following damages:
- Economic damages – This is compensation for all monetary losses caused by your injury. It covers medical expenses, lost income, property damage, and rehabilitation.
- Non-economic damages – This compensation covers losses with no monetary value. It covers emotional trauma, mental anguish, loss of companionship, and pain and suffering.
- Punitive damages – These are special damages designed to act as a deterrent to the at-fault party if they acted in gross negligence or malice.
Statute of Limitations
Your right to pursue legal action against the at-fault party expires 2 years after the date of the accident. This is called the statute of limitations and could be shorter in cases involving government bodies. Essentially, it means that you must speak to an attorney immediately after an accident.
Talk to a Jersey City Personal Injury Attorney
Learning personal injury law basics is an important first step to protecting yourself in the event of an accident. However, you will likely need the help of an attorney to navigate a personal injury claim or lawsuit. Doing so will also ensure you get the compensation you deserve.
At the Law Offices of Anthony Carbone, we are dedicated to protecting the rights of injury victims. Attorney Carbone has been handling personal injury cases for over three decades. If you have been injured in New Jersey, contact us at 201-829-3805 to speak to a Jersey City Personal Injury Attorney.