Personal Injury Claims: The Basics and FAQs
August 20, 2019 | By admin
Personal Injury Claims Overview
There are a lot of questions surrounding personal injury claims, so we’ll give you a basic overview of this area of law below.
Personal Injury Lawsuits 101
Just because you’ve been injured doesn’t mean you have legal grounds to pursue a claim. There are a few basic elements of a personal injury claim you’ll have to prove if you want compensation. Here are those elements:
- The party you’re pursuing a claim against had a duty of care towards you
- The defendant breached that duty of care
- The breach of care directly caused an injury
- The injury caused measurable damages
One of the most basic aspects is proving that the defendant had a duty to act with reasonable care for your safety. This duty applies in many situations like when you’re driving, invite people over to your home or when you have a doctor-patient relationship with the defendant.
There are situations where the person who caused your injury didn’t have any responsibility or duty to act with reasonable care for your safety. One example of this would be if a homeowner’s lack of safety features on their property causes an injury. If you were trespassing on the property, then you likely won’t get compensation. Most homeowners have no duty to provide for the safety of trespassers.
Types of Personal Injury Claims
There are multiple types of personal injury claims. Here is an overview of some of the most common personal injury lawsuits:
- Medical malpractice
- Motor vehicle accidents
- Premises Liability
- Dog bites
- Assault or other criminal acts
- Defamation (libel and slander)
In many of these situations, an insurance provider will become involved in the claim.
What Damages Are Usually Associated With Personal Injury Claims?
The purpose of pursuing a personal injury lawsuit is to receive compensation for the financial losses you suffered as a result of the injury. Depending on your specific situation, compensatory damages may include:
- Pain and suffering
- Loss of consortium
- Loss of wages
- The cost of medical bills
- The costs associated with household expenses and altered plans
- A loss of future earnings
In some situations, courtrooms may also decide to award the victim punitive damages. Punitive damages are awarded when the negligence or recklessness of the defendant was extreme. It’s used as a financial punishment against the offender in the hopes that it will persuade them to act better in the future.
Contact an Edison Personal Injury Lawyer to Discuss Your Personal Injury Lawsuit in New Jersey
Did you or a loved one sustain serious injuries in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lombardi and Lombardi, P.A. represent clients injured in Cranford, Avenel, Iselin, Clark, Red Bank, Point Pleasant, and throughout New Jersey. Call 732-709-7992 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 1862 Oak Tree Road, Edison, NJ 08820 as well as offices in Brick, Freehold and Point Pleasant.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.