Personal Injury FAQ
New Jersey Injury Attorney
If you are the victim of another person's careless or reckless actions,
you likely have many questions about how you can seek justice and obtain
fair compensation for your injuries and losses. At The Law Offices of
Lloyd E. Bennett, Esq., P.C. our New Jersey personal injury lawyer has
assisted countless clients throughout the state with their injury cases,
and we can provide the knowledgeable representation and tireless legal
advocacy you need. We understand that this is a stressful and confusing
time for you and your family, and to better assist you we are proud to
offer a Frequently Asked Questions page to provide the answers and information you need.
How is a personal injury claim different from a personal injury lawsuit?
Many victims are unsure what legal actions they should take to pursue
fair compensation for their injuries. If you wish to hold the person responsible
for your injuries liable, it is important to know the differences between
a claim and a lawsuit.
Claim: This is an informal process in which the victim submits a claim for compensation
for their injuries and losses to an insurance company. By filing a claim
with the responsible party's insurance company, the victim seeks to
recover reasonable compensation for their injuries and related expenses.
If the case cannot be resolved through a claim, the victim may then decide
to file a lawsuit.
Lawsuit: This is a formal legal action the victim takes against the negligent individual,
corporation, government entity, or insurance company. Filing a lawsuit
enables the victim to seek compensation for their suffering and injuries
by telling their case before the court, so that a jury can decide the
merit of their case and request to be compensated. It is not uncommon
for the liable party to seek to settle with the victim outside of court
so that they can avoid the courtroom proceedings.
Because every situation is unique, it is important to discuss your case
with an experienced attorney who can help you decide upon your best option
to seek justice.
What is negligence?
Negligence is one of the key aspects of any personal injury case. Negligence
occurs when a person or party does not act with the proper amount of care
and caution that a reasonable person would use to prevent harm or injury
to another individual, or when the person or party does something harmful
that a careful and reasonable person would not have done in a similar
situation. A person or party can be held liable under the law for any
injuries and damages caused by their negligence.
How important is negligence to my case?
Negligence is perhaps the most integral factor in an injury claim or lawsuit,
and in order to fight for justice against the liable party (also called
the defendant), you must first be able to prove their negligence and that
it is the direct cause of your injuries. Your lawyer will need to prove
the following in your case:
- The defendant owed the general public or you a duty of care.
- In some way the defendant violated this owed duty of care.
- You sustained injuries.
- Your injuries were the direct result of the defendant's violation.
Do I have a case?
If you were injured because of another person's actions, there are
four main questions to ask that can shed some light on whether you have
grounds to make a claim or file a lawsuit for compensation.
Can a person or party be identified as the cause of my injuries? Before seeking fair compensation for the damages you sustained, you must
identify and locate the party that caused your injuries.
Is it possible to prove that the person or party is liable for my injuries? Your lawyer will have to evaluate your case in light of personal injury
legislation and case law to determine if you have legal grounds to pursue
justice against the liable party.
Are my injuries and losses quantifiable? Your attorney must prove that you sustained compensable losses that were
the direct result of the negligent party's actions. Examples of quantifiable
losses can include medical costs, permanent injuries or disabilities,
emotional trauma, missed wages, and property damage.
Am I within the state's statute of limitations for personal injury cases? New Jersey law typically allows victims 2 years in which to file to recover
damages for their injuries through a personal injury lawsuit or claim.
An attorney from our offices can help you determine whether you can pursue
compensation for your suffering under personal injury law, or you can
learn more about your options by filling out a
case evaluation form.
How much could my case be worth?
Victims of negligent accidents are unfairly left to contend with extensive
financial losses as a result of their injuries, including the cost of
medical care and wages missed during recovery. You should not have to
carry these burdens alone, which is why it is imperative that you pursue
the generous compensation you need and deserve. While creating your claim
or lawsuit your attorney will evaluate a number of factors to determine
the amount of monetary compensation that is fair for your circumstances.
The potential financial worth of your case will be impacted by following factors:
- Any medical expenses caused by the defendant's negligence, including
hospital care, prescriptions, doctor visits, rehabilitative care, medical
supplies, therapy, and the costs of traveling for medical care
- Any psychological damage caused by the accident
- The lasting impact of your injuries on your physical capabilities and mental
and emotional health
- The cost of any future medical care that may be needed for your injuries
- Wages or employment opportunities lost during the recovery process
- Any future loss of wages or earning capacity caused by a permanent injury
How can an attorney help with my case?
Although a victim can file a personal injury claim on their own, it is
important that they understand the different aspects of the law, their
rights, and the legal options available in their unique situation. Personal
injury law is complex and, unfortunately, most insurance companies are
more interested in their own profits; with an injury attorney on your
side, you can ensure that your claim is properly filed and that you are
not taken advantage of by the insurer. A seasoned lawyer can evaluate
your case to determine which legal options are available to you, assess
your losses and injuries to establish what your case is worth, and work
with you to create a comprehensive claim or lawsuit that gives you the
best opportunity to achieve success. To learn how our firm can benefit
your specific circumstances, call our offices at your earliest convenience.
Questions about your case? Contact our team today!
If you have questions about your case, do not hesitate to call our skilled
law firm to discuss your situation with an experienced personal injury
attorney. We know that every case is unique, but no matter the circumstances
you can trust that we will provide the caring and attentive representation
you deserve. Our skilled team at The Law Offices of Lloyd E. Bennett,
Esq., P.C. has helped countless numerous victims throughout the state
with their personal injury claims and lawsuits, and we would be proud
to advocate on your behalf.
Contact a New Jersey injury lawyer at our offices to learn about your legal options to pursue fair compensation!