East Brunswick Personal Injury Lawyer

Personal Injury Frequently Asked Questions (FAQ)

Do I Have a Valid Personal Injury Claim?

To have a valid personal injury claim, you must have suffered harm to your person or personal property as a result of the action or inaction of another party.   If you feel that you have suffered either a physical or emotional injury at the hands of another, it is important to discuss your situation with a skilled attorney to find out if you have a valid legal claim.

How Much is My Personal Injury Case Worth?

To determine the value of a personal injury case, our team performs a thorough evaluation of the facts in the case, the degree of the injuries you sustained, and the need for future medical care.

The types of damages we can pursue include:

• Economic damages: The financial losses you have experienced, including the cost of medical care, both current and future, rehabilitation, lost wages, lost earning capacity, transportation, and other costs associates with the injuries.
• Non-economic damages: Often the highest portion paid in a personal injury case, including pain and suffering, loss of quality of life, emotional anguish, and loss of consortium.
• Punitive damages: In some cases, punitive damages can be pursued. These damages are intended to punish the responsible party and deter others. They can be a significant amount, but it must be established with evidence that the party acted in a malicious manner or with a wanton disregard for your rights.

How Long Will My Personal Injury Case Take?

Every injury case is different and will have a different timeline based on the unique circumstances at play. With that being said, generally speaking, you should not enter the settlement negotiations phase of your case until you have completed all medical treatments for your injuries.

This will help to ensure that your attorney has a complete understanding of the impact of your injuries and a record of all expenses you should be compensated for. For this reason, injury claims involving more substantial injuries that require longer medical treatments tend to have a longer timeline than cases involving comparatively minor injuries.

Other factors that can impact the length of time required to handle your case include the level of cooperation of the involved insurance companies and if your case ends up having to go to trial.

Will I Have to Go to Court?

The vast majority of personal injury cases are resolved through out-of-court negotiations, so the chances that you will have to go to court are minimal.   However, if we feel that the insurance company is not offering you an amount that fully compensates you for your injuries, we are fully prepared to take your case to trial.

How Long Do I Have to File a Personal Injury Claim?

Personal injury claims in New Jersey are subject to a two-year statute of limitations, meaning that you have until the second anniversary of your injury to file a lawsuit against the responsible parties.

This two-year period may sometimes be extended in situations where the cause of your injuries was not immediately apparent, such as toxic exposure cases. In any case, if you fail to file a claim within the allotted timeframe, you could lose your right to sue and effectively be barred from recovering compensation for your injuries.

Since the statute of limitations period can ultimately make or break your case, it is important to get an attorney involved early on in your case to ensure you are compliant with all applicable deadlines.

I'm Partially Responsible for My Injuries. Can I Still Be Compensated?

Yes. Under New Jersey Statutes Annotated 2A:15-5.1, injured individuals may still recover compensation even if they are partially responsible for their own injuries as long as their percentage of negligence or fault is not greater than that of the other party.   In other words, as long as you are less than 50% at fault for your injuries, you are still eligible to be compensated.

I Was Hurt at Work. Can I Still Be Compensated?

Yes. As a worker, you are guaranteed to receive monetary and medical benefits under workers' compensation if you were hurt on the job. If your injuries were caused by a third-party other than your employer, you may be able to collect workers' compensation and pursue a personal injury lawsuit against the responsible party.   Generally speaking, however, since workers' compensation is a no-fault system, you may not pursue a lawsuit against your employer unless certain rare factors apply.

Are Personal Injury Settlements Taxed?

If you are about to receive a personal injury settlement, it is important to note that it may or may not be taxed. Many settlements are taxed as the money collected is considered a form of income to the recipient.

What Happens if I Reject a Settlement Offer?

If you are offered a settlement and choose to reject it, you may not be offered a second settlement. There is a possibility of a new settlement being offered to you, but it cannot be guaranteed. Speak with your attorney first before accepting or rejecting a settlement.

What Should I Do After an Injury?

If you have been injured, there are several things you should do:

• Report the accident immediately. Depending on the circumstances, this may involve calling the police, informing the owner of the property where you were injured, or informing your supervisor if you were hurt at work. This will create a record of the incident that can be critical to your personal injury claim.
• Seek medical help. You must seek medical help promptly after suffering any type of injury not only to protect your health, but also to preserve your ability to bring a claim. The longer you wait to see a doctor, the greater your chances are of encountering difficulty when seeking compensation. Tell your doctor of any aches or pains you experience and follow their treatment instructions closely.
• Contact an attorney. After you have received medical help, get in touch with a knowledgeable and experienced personal injury lawyer. An attorney can advise you on your legal options and let you know if you have a valid personal injury claim. Best of all, most personal injury attorneys offer free consultations and work on a "contingency" basis, meaning that they will only get paid if they are successful in securing compensation on your behalf.

Why Should I Hire a Personal Injury Lawyer?

The last thing you need after being seriously injured is to face mountains of medical bills and be forced to deal with insurance adjusters who don't have your best interests at heart. The at-fault party's insurance company will undoubtedly have a team of lawyers at the ready looking for ways to limit your compensation.

You need a strong legal advocate on your site who can level the playing field and help you pursue the highest amount possible for your injuries. While it is true that not all situations require an attorney, most situations involving serious injuries require the specialized skills of someone who is intimately familiar with the legal system.

No two situations are the same, so it is almost always encouraged to at least discuss your case with an attorney to determine the most appropriate course of action.

If you have been injured, here are some of the many signs you should hire an East Brunswick personal injury attorney:

• You suffered long-term or permanently disabling injuries
• There are multiple parties involved
• Liability for your injuries is unclear
• The insurance company is delaying, denying, or limiting your compensation