If you have been injured in an accident, and the accident was due to the negligence of someone else, you may be entitled to compensation. However, personal injury law can be complicated in any area, and New Jersey is no different.
When you have been injured, it is important that you speak to a Cumberland personal injury lawyer that can help.
Common Types of Personal Injury Cases
Car accidents are the most common type of personal injury case, but there are some other common causes as well. These include:
- Premises liability, when an individual has been injured on the property of another person or business
- Slip and fall claims, particularly in places such as stores and on sidewalks
- Medical malpractice
- Product liability, when an individual has been injured due to a defective product
- Nursing Home Abuse and/or Neglect
When a person has been injured in any type of personal injury due to someone else’s negligence, they may be entitled to compensation for their injuries. To properly recover damages, an individual should contact a Cumberland personal injury attorney as soon as possible.
Compensation may be granted that can help injured parties with the expenses of medical bills, medication, costs for therapy and treatment, and for any lost income due to the inability to work from the accident. However, New Jersey is both a no-fault state, as well as one that operates under contributory negligence law.
No-fault law refers to getting an individual’s medical bills paid after a motor vehicle accidents. Under this law, victims of these accidents will have their medical bills paid by their own insurance company regardless of fault.
This however, can sometimes be more difficult, making it even more important for injured parties to speak to a Cumberland personal injury attorney. If another party is responsible for the accident they the injured party will have the right to bring a claim for compensation for any medical bills not covered by the no-fault benefits, and also have a right to compensation for their pain and suffering and other economic losses, like wages.
Under contributory negligence laws, victims of accidents will be held responsible if they were partially responsible for the accident, and their compensation will be deducted as such. Because of this, lawyers and insurance companies working for the at-fault party work very hard to prove fault on the part of the plaintiff, even when there is none. A personal injury lawyer in Cumberland can help injured parties fight back when they do.
Different types of compensation may be granted if another person’s negligence is found to have caused an accident. Compensatory damages include compensation for things that have a dollar value, such as medical bills or lost wages.
Non-economic damages are also allowed and are better known as pain and suffering. In New Jersey, there are no caps placed on these two types of damages.
Punitive damages, or those meant to punish the negligent party, are allowed in New Jersey, but they do have caps placed on them. This cap is five times the compensatory damages, or $350,000, whichever is greater.
Benefits of an Attorney
Contrary to what many people believe, the majority of personal injury cases never see a courtroom, but are settled out of court. Before that can occur, however, both sides have 300 days of discovery after a complaint is filed. During the discovery stage, both sides collect as much information and gather as much evidence as possible to build their case.
This is often when a Cumberland personal injury attorney can be the most helpful. An attorney will fight for you and help try to win your case, even if it does mean going to court. If you have been injured in an accident, and you believe it was due to the negligence of someone else, call an attorney today.