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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:

  1. The defendant owed the general public or you a duty of care.
  2. In some way the defendant violated this owed duty of care.
  3. You sustained injuries.
  4. 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 or disability

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!