Personal Injury Compensation Claims
Posted July 9th, 2021 by Anthony Carbone.
Categories: Personal Injury.
Accidents are often traumatic, unexpected experiences that can cause a considerable impact on one’s life, either temporarily or perpetually. Because most accidents mainly result from someone else’s negligence, they fall under personal injury law. This area of the law ensures that injury victims obtain reimbursement for their injuries. Having an experienced attorney when pursuing personal injury compensation claims improves the chances of you getting full reimbursement.
For over three decades, New Jersey’s personal injury lawyer Anthony Carbone has been helping victims of personal injury. Do not hesitate to reach out today for professional legal representation!
How Do Personal Injury Cases Work?
Since no two injuries or accidents are the same, no two personal injury claims can take the same course. From a broad perspective, however, most personal injury claims follow a set of basic steps. These include:
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Defendant Harms Plaintiff In Some Way
Excluding contractual violations, which are dealt with in a special branch of the law referred to as ‘contract law,’ this can be about every unlawful act perpetrated by the defendant.
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Plaintiff Establishes That Defendant Violated A Legal Obligation
The primary legal responsibility will be determined by the circumstances surrounding the accident. Drivers, for instance, have a responsibility to drive their automobiles with the same degree of care as a responsible individual would while behind the wheel. Distributors and manufacturers have a responsibility to avoid introducing excessively hazardous or defective goods to their customers. The law obliges physicians to treat patients in compliance with the appropriate clinical standard of care.
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Negotiations For A Settlement Take Place
If it is evident to all parties concerned that the offender violated a legal obligation, the defendant or the liable insurance provider might opt to settle out of court. It includes making a lump sum offer to the plaintiff in return for their binding pledge not to sue over the injury.
The case is over when a complainant consents to the settlement offer. If this is not the case, the plaintiff can proceed to court and file a personal injury suit. Settlement talks may still occur after the filing of litigation. But if the settlement talks do not result in an agreement, the civil action is assigned to a judge to determine the defendant’s blame.
What Damages Can You Seek In Personal Injury Compensation Claims?
Unlike common belief, injury victims can seek far much more than compensation for physical injuries and associated expenses in personal injury claims. In addition to reimbursement for monetary damages, including medical expenses, lost wages, lost earning capacity, and rehabilitation, victims can seek compensation for non-monetary damages.
Possible damages include pain and suffering, emotional distress, loss of companionship, consortium, and life quality. At the same time, the jury can seek punitive damages against the defendant, meant to deter others from committing such behavior, and not reimburse the plaintiff.
Suppose you are considering making a personal injury claim due to an incident or accident in New Jersey. In that case, the best initial move could be to consult with a Hudson County personal injury Attorney. Your attorney will utilize his expertise to counsel you about your circumstances and explain the options you have.
