What Is Personal Injury?
Posted May 10th, 2021 by Anthony Carbone.
Categories: Personal Injury.
A personal injury is any injury sustained by an individual to their body, emotions, and mind, and is often caused by someone else’s carelessness or negligence. It also constitutes wrongful death or circumstances where the injuries are fatal. Typically, all personal injury falls under Tort Law, which is also referred to as Personal Injury Law.
If you or a loved one sustains a personal injury because of someone else’s negligent actions or carelessness, you may be eligible to hold them liable for any damages incurred as a result of the accident. Discuss your case with a Jersey City personal injury attorney at the Law Offices of Anthony Carbone today.
What Does A Personal Injury Claim Entail?
A personal injury claim usually starts with the injured individual suing another individual, company or business. In such a case, the individual suffering the personal injury (plaintiff), claims from the at-fault party (defendant), and requests compensation for all injuries sustained- this is commonly referred to as the damages.
The most prevalent types of personal injury claims are those stemming from auto accidents, slip and fall accidents (public liability), assaults (criminal injuries), and work-related accidents (workers’ compensation). A personal injury also includes negligence in dental and medical procedures, such as when a dental or healthcare provider fails to exercise the reasonable duty of care when caring for the patient (medical malpractice/negligence).
The damages that you can claim are usually categorized as either general or special damages. General damages are complex, quantifying and encompassing the significant damages, including pain and suffering, loss of enjoyment, and amenities of life. On the other hand, special damages are those damages that are easily measurable, including medical expenses, lost wages, and other related costs.
To begin a claim for recovery in New Jersey, the statute for limitations states that you should file a claim within two years from the date when the accident happened, alternatively two years from the date when the injured individual becomes aware of the injury. Nonetheless, there are various exceptions to this rule.
If you fail to file your claim in time, it may become statute-barred; lose your right to claim recovery entirely. For this reason, it is advisable to file your claim to the responsible insurance company as soon as possible.
Get Expert Help with Your Personal Injury Claim
Pursuing a personal injury claim often tends to be a time-consuming and complex process. If you believe that you might have grounds for filing your claim, you can discuss your case with an attorney. By maintaining good records of what transpired and recording your experiences following the incident, you can create a better case and ensure that your claim is handled appropriately by the insurance company.
At the law offices of Anthony Carbone, the attorneys are professionals in personal injury compensation claims. If you have established a personal injury compensation claim or intend to and need professional guidance to ensure you receive the maximum recovery you deserve. Contact the office at 201-829-3829 to schedule a no-cost, no-obligation consultation to assess your claim and advise you appropriately.