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Personal injury is a legal concept that applies to physical and mental injuries to one’s body that are the result of someone else’s negligence, and negligence is when someone fails to act as a reasonable person should. The severity of an injury can vary from small to large, or even death, and a successful personal injury lawsuit seeks monetary compensation to make the injured party whole again.
Personal injury cases cover a wide range of accidents, including slip and falls, car accidents, construction accidents, nursing home abuse, dog bites, defective products, premises liability, and wrongful death, to name just a few. In the event of an accident, a consultation with an attorney can help determine if there is a good reason to file a personal injury lawsuit.
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As one of New Jersey’s highest-ranked law firms, Team Law has recovered over $650 million for its clients. With offices throughout New Jersey, including Elizabeth and Newark, Team Law can assist with all types of personal injury cases with the attention and care they deserve. From motor vehicle accidents to wrongful death lawsuits, Team Law is there every step of the way to ensure that our clients get the best representation available.
To be successful in a personal injury lawsuit, a plaintiff must prove to have suffered an injury as a result of the defendant’s negligence. There are several elements required to prove negligence in New Jersey. These elements include:
New Jersey follows contributory negligence rules. Under these rules, the person asking for damages (the plaintiff) must be less responsible for the accident than the person who caused the accident (the defendant). If the plaintiff contributed more than 50% to the accident that caused the harm, they may not be entitled to compensation.
With over 60 years of experience, Team Law has been at the forefront of personal injury law, ensuring that their clients receive the maximum amount of compensation allowable under New Jersey law. Call or set up a free consultation with Team Law to protect your rights today.
From the moment an accident occurs, there is a limited amount of time a plaintiff can file a claim in court. In New Jersey, a claim must be filed within two years following an accident. Failure to file within this “statute of limitations” can prevent a case from moving forward, and eliminate a plaintiff’s ability to recover compensation.
Due to this statute of limitation, it is essential that a lawsuit be filed as soon as possible. If you were involved in an accident in New Jersey and were harmed as a result of the actions or inactions of someone else, it is essential to speak with a personal injury attorney as soon as possible. The Team Law group can help evaluate your claim, and provide sound advice on how to proceed under the facts of your case before the time has run out to file a claim.
If a lawsuit is successful in proving the five elements of negligence in court, monetary compensation may be possible. There are two types of monetary relief available to successful plaintiffs: compensatory damages and punitive damages.
Compensatory damages attempt to make the plaintiff whole again by reimbursing them for the dollar amount that resulted from the consequences of the accident. Compensatory damages can be further broken down into two categories:
Economic damages are those that a court can easily calculate to replace what the injury cost the plaintiff. Economic damages can vary greatly, and can include things such as:
New Jersey has no limit on how much a plaintiff can recover for economic damages. In anticipation of a lawsuit, it is important to keep any records of bills and costs associated with the accident. This paperwork may help establish a dollar amount if a case is successful in court. Furthermore, some of these costs may occur beyond the duration of a lawsuit, and a successful claim should anticipate these future costs.
Non-economic damages are those that a court cannot easily calculate because they are not easily quantifiable. Non-economic damages include:
Since these types of damages are subjective, the value amount given to each damage can vary greatly. While some states limit the amount available under non-economic damages, New Jersey is not one of those states.
Punitive damages are used as a form of punishment for egregious and reckless behavior by the defendant as a means to prevent this type of behavior in the future. In New Jersey this level of bad behavior must be outstandingly bad, with a reckless disregard for the safety of others.
Punitive damages are not commonly awarded in New Jersey. In rare cases where punitive damages are awarded to a plaintiff, New Jersey limits punitive damages to the greater of five times the amount of economic damages or $350,000.
Personal injury cases cover a variety of injuries sustained during an accident. With its wide reach throughout New Jersey, Team Law has offices from Elizabeth to Newark, and can assist with numerous types of personal injury cases in those areas, including:
If you were injured in an accident as a result of someone else’s failure to take reasonable steps to avoid the accident, you may be entitled to compensation. Our attorneys are here to evaluate your claim and provide sound advice on the options available to you. Call or fill put our convenient online contact form today for a consultation.
Newark is a city located in Essex County, New Jersey. Newark is both the county seat for Essex County and the largest city in the state of New Jersey; according to the Census Bureau, as of 2018 Newark was the 73rd-most populated municipality in the U.S. Newark was settled in 1666 by Puritan settlers from the New Haven Colony. Today, Newark is a major corporate and shipping/transportation hub, being home to Port Newark-Elizabeth, the primary container shipping terminal for the largest port on the East Coast, along with Newark International Airport, one of the nation’s busiest airports. Many companies also have their headquarters in Newark, including Prudential Corporation, PSEG, Panasonic North America, and IDT Corporation. Newark is also an educational hub, with campuses for the law and medical schools of Rutgers University, Seton Hall University’s law school, and the New Jersey Institute of Technology.
Compensation is divided into three basic categories: (1) economic damages, (2) non-economic damages and (3) punitive damages. Punitive damages are only rarely available, in cases where the defendant intentionally caused you harm or took action that was especially shocking. In other cases, available damages include: Economic damages for your out-of-pocket expenses and losses, such as medical bills, physical therapy, property damage, lost wages and more. And Non-economic damages for your pain and suffering, emotional distress and loss of enjoyment of life.
The answer to this question varies based on the case. You should never settle without first talking to a personal injury lawyer. However, whether or not you should settle always depends upon the insurance company’s offer. You want to make sure any settlement award covers all of the future costs of your injury, not just the bills you already have. Our lawyers are here to negotiate with the insurance company to try to reach a fair settlement. If the insurance company refuses to agree to a fair amount, we’re fully prepared to litigate to protect your rights at trial.
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