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what is pain and suffering in a personal injury case
what is pain and suffering in a personal injury case

What Should You Do If You Have Suffered an Injury in New Jersey?

Get Compensated If You Have Suffered an Injury in New Jersey

What should you do if you have suffered an injury in New Jersey? The best thing you can do is talk to a New Jersey personal injury lawyer to get answers. In these challenging times, having the proper legal support can make all the difference in ensuring you receive the compensation you deserve. 

Our New Jersey personal injury lawyer can help you understand your rights and determine if you have a valid claim. We guide you through the injury claims process and negotiate a settlement or take your case to court if necessary.

With years of experience and a proven track record of success, New Jersey Injury Lawyers, P.C. is committed to providing personalized attention to each client’s unique case, ensuring you receive the justice and financial relief you need. Let us fight for your rights while you focus on healing and rebuilding your life.

What Should You Do If You Have Suffered an Injury in New Jersey?

What to do at the scene of the accident

Taking certain steps to protect your rights and gather crucial evidence after an accident is essential. Here are four things you need to do while you are still on the scene:

  1. Report the accident and injuries: Contact the appropriate authorities, such as the police or relevant government agency, to report the accident and your injuries. This step is crucial for documentation and legal purposes.
  2. Gather crucial evidence at the scene: Take photographs of the accident scene, including any factors that caused your injuries, relevant details, and visible injuries you sustained. This evidence will be valuable for your case.
  3. Speak to witnesses: Approach any witnesses at the scene and ask if they can provide a brief statement or share their contact information. Their testimony can strengthen your claim.
  4. Preserve surveillance footage (if available): If there are surveillance cameras that captured the accident, request that the footage be preserved. This additional evidence can significantly support your case.

What to do after leaving the accident scene

Preparing for a personal injury claim doesn’t end at the site of the accident. To continue building a strong case after you leave the accident site, follow these steps diligently and take control of your personal injury claim today.

  1. Inform property/business owner (if applicable): If the accident occurred on someone else’s property, make sure to inform the property owner or business owner about your injuries. This will help establish a record of the incident.
  2. Seek prompt medical attention: After leaving the accident scene, visit your primary doctor or another physician for a thorough physical examination. This will ensure that all injuries are properly diagnosed and treated. Follow your doctor’s treatment recommendations diligently, not only to speed up your recovery but also to strengthen your injury claim.
  3. Keep detailed records: Maintain records of all expenses and losses related to the accident. This includes bills, invoices, receipts, pay stubs, and income statements to calculate any lost wages or income. Additionally, start a diary or journal to document your recollection of the accident and how it has impacted your daily life and well-being.

These steps will help protect your rights, gather crucial evidence, and build a strong personal injury claim. Remember to consult with an experienced New Jersey personal injury attorney for personalized advice and guidance throughout the process.

Can I file a claim for an injury I sustained in New Jersey?

If you have been injured due to someone else’s negligence in New Jersey, you may be able to sue the liable party. However, there are a few things to consider to determine if you are qualified to file a New Jersey personal injury claim.

  • Are you filing a claim within the statute of limitations in New Jersey?
  • Can you prove that the other party is at fault?

Consult with a personal injury attorney specializing in New Jersey law to evaluate the specific details of your case and determine your eligibility to file a claim.

What is New Jersey’s Statute of Limitations for Personal Injury Claims?

 

Generally, New Jersey has a two-year time limit for filing almost all types of personal injury lawsuits, whether based on negligence (which applies to most accidents) or intentional wrongdoing (which applies to cases like civil assault and battery).

In that case, you have two years from the accident date to file the necessary documents (the “complaint” and other required paperwork) in court.

However, it’s important to note that certain situations can pause or delay the statute of limitations “clock,” effectively extending the deadline for filing a lawsuit. New Jersey Statutes Section 2A:14-2 outlines the exceptions to the statutes of limitation, such as:

  • If the injured person is a minor or has a mental disability at the time of the accident, the two-year time limit only starts running when they turn 18 or regain mental capacity.
  • If the liable party leaves New Jersey after the accident but before the lawsuit can be filed, the time they are away may not be counted as part of the two years. However, to extend the filing deadline in this situation, the plaintiff or their attorney will likely need to submit an affidavit stating that they tried but failed to serve the absent defendant despite their efforts.

I missed the statute of limitations in New Jersey. What can I do?

If it’s been more than two years since the accident, you can still file an injury claim in New Jersey. However, the person you are suing can file a motion to dismiss, which the court will likely grant.

Unless an exception applies to you, you lose the right to seek damages for your injuries if your claim is dismissed.

How do I prove that the other party is at fault?

To seek compensation for personal injury and win your case, it is essential to establish negligence. In simple terms, four crucial elements need to be present to build your case:

  • Duty of Care: You must show that someone else or a company has a legal duty to ensure your safety and well-being.
  • Breach of Duty: By doing something wrong or not doing what they should have done, that person or organization acted negligently, not fulfilling their duty of care.
  • Causation: As a result of their failure to meet their duty of care, you suffered injuries.
  • Damages: Because of the injury, you experienced financial hardships, pain, or other forms of loss.

What happens in the New Jersey personal injury claims process?

For numerous accident victims who sustain injuries, filing an insurance claim often begins immediately at the incident scene. Let’s explore the usual steps involved in a New Jersey accident injury claim:

  1. Seek Medical Attention. If you’ve suffered an injury, seeking medical attention promptly is crucial. Not only does this prioritize your well-being, but it also creates a documented record of your injuries, which will play a vital role in supporting your claim.
  2. Collect Evidence. If you are in a position to do so safely, take pictures and videos of the location where the injury occurred. Also, gather the names, statements, and contact information of any witnesses present.
  3. Seek Advice From a Lawyer. While you concentrate on what’s most important to you, our personal injury attorney in New Jersey will handle the investigation, gather evidence, and negotiate with insurance companies on your behalf.
  4. Submit an Insurance Claim. At New Jersey Injury Lawyers, P.C., we handle everything concerning the insurance company’s inquiries, investigations, evidence gathering, expert testimonies, determining maximum compensation, preparing convincing legal documents, and ensuring your claim progresses smoothly.
  5. Assess Compensation. The compensation for your injuries should cover various aspects, such as medical expenses, lost income if you cannot work, pain and suffering, and other accident-related costs. Our New Jersey personal injury attorney will determine the complete and fair compensation you should receive.
  6. Engage in Settlement Negotiations. Our legal team persistently negotiates with the insurance company until they present you with a significant offer. However, the final decision to accept a settlement rests entirely with you.
  7. Initiate a Lawsuit. If the insurance company refuses to offer the compensation you rightfully deserve, our legal team is ready to take the matter to court.
  8. Participate in Mediation or Trial Proceedings. Only a few cases reach this stage; even if we need to initiate a lawsuit, we still attempt to negotiate a settlement with the insurance company. However, we are fully prepared to go to trial if required, and we will ensure you are well-prepared for every phase of the process.

How can a personal injury lawyer help if you suffered an injury in New Jersey?

In the aftermath of an injury in New Jersey, knowing what steps to take and how to protect your rights can be overwhelming. Hiring a personal injury lawyer in New Jersey is crucial in protecting your rights and ensuring fair compensation.

At New Jersey Injury Lawyers, P.C., our approach is built on trust, integrity, and transparent communication, ensuring you receive personalized attention and unwavering support. We have the legal knowledge and experience to navigate the complex system and evaluate your case, setting realistic expectations. We will fight to maximize your compensation, negotiate with insurance adjusters, and provide trial representation if necessary. Having a lawyer manage the legal aspects of your case saves you time and reduces stress, allowing you to focus on your recovery.

If you are in need of legal assistance and representation for your injuries, reach out to New Jersey Injury Lawyers, P.C. today. Our New Jersey personal injury law firm assists in bicycle accidents, car accidents, commercial vehicle accidents, transit accidents, and more. Let us stand with you during this challenging time and provide the legal guidance and support you need to move forward confidently.

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