Do I Have a Personal Injury Case?
November 12, 2020
You suffered injuries due to someone else’s negligence. Now, you are left with expensive medical bills and you might be wondering who is responsible for them. It is not always easy to determine whether or not your case is eligible for a personal injury lawsuit. Fortunately, you can always discuss the details of your case with a personal injury lawyer.
Read more: How To Write A Demand Letter in New Jersey
Important Elements of a Personal Injury Case in New Jersey
The state of New Jersey requires the following elements be present when filing a personal injury lawsuit:
- Legal duty of care: The responsible person must have held a legal duty of care for your personal wellbeing or safety.
- Breach of duty: The responsible person must have breached that duty of care. This is done either intentionally, or negligently.
- Causation: The intentional or negligent actions of the responsible person must have been the direct cause of the accident, and injuries.
- Damages: There must also be actual damages present that can be compensated through a lawsuit. This might include economic costs, like medical bills or property damages, or non-economic costs, like pain and suffering or diminished earning capacity.
A consultation with a personal injury lawyer can help you evaluate the details of your case and determine if it meets these elements.
Evaluating Damages in a Personal Injury Case
There must also be an appropriate amount of damages that can be compensated in order to file a personal injury lawsuit in New Jersey. The state does allow you to recover the following types of costs:
- Medical costs, including emergency and anticipated medical costs
- Rehabilitative costs, including physical or occupational therapy
- Property damages, including vehicle repairs
- Lost wages, including work benefits
It can be useful to work with a lawyer to calculate the true value of your case. In addition to determining your eligibility for a personal injury case, this also helps us come up with a number to consider any settlement offers against. Many personal injury cases are settled outside of court. This is because it can be expensive to go to court and both parties are usually willing to agree to a settlement to avoid that.
By coming up with an appropriate value of your damages, we can better determine whether or not to accept a settlement offer. Of course, if a settlement amount does not cover your damages, then we are also prepared to take your case to trial. Our goal is to provide you with the compensation that you need to fully recover.
Read more: Will My Personal Injury Case Go To Trial?
Not Sure If Your Case is Eligible?
If you are still not sure if your case is eligible for a personal injury case in New Jersey, then we encourage you to reach out to us today. We can evaluate the specific details of your case and explore your legal options. Even if you decide not to go to court, you may decide to pursue compensation in another method, like workers’ compensation.
Contact a Morristown Personal Injury Lawyer to Discuss Your Case in New Jersey
Did you or a loved one sustain serious injuries due to a personal injury in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Hoyt & Hoyt, PC represent clients injured because of a personal injury in Rockaway, Montville, Edison, Morristown, and throughout New Jersey. Call (973) 292-2299 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 67 East Park Place, 5th Floor, Morristown, NJ 07960, as well as an office in New Brunswick, NJ.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.