It is never a good time for an injury or accident. Whether you are a busy soccer mom, a business owner, or a retiree, an unforeseen injury will disrupt your life. When you find yourself in such a situation, turn to a trusted local lawyer with the knowledge and experience to find you the compensation you deserve.
An experienced Cherry Hill personal injury lawyer can guide you through the maze of rules and statutes that govern injury law. Let an experienced attorney deal with the paperwork and the insurance companies while you recover and settle back into your daily routine.
What Qualifies as a Personal Injury?
Any of the following may result in an injury deserving of compensation and damages:
- Slip and falls
- Car accidents
- Defective products
- Hazardous property conditions
- Reckless and negligent acts of others
- Medical malpractice
- Nursing home abuse/neglect
- Workplace accidents
In addition to these, New Jersey law recognizes dog bites as automatically eligible for a personal injury claim. New Jersey statute N.J.S.A. §4:19-16 imposes a strict liability burden on dog bites. This means that regardless of where or how this injury occurs, dog owners are liable for their pet’s behavior. An attorney in Cherry Hill could further explain the accidents that qualify as personal injuries.
For a free legal consultation with a Personal Injury lawyer serving Cherry Hill, call (856) 528-4494
Personal Injury Cases May be Complex
Personal injury cases cover a broad range of accidents, rules, and results. While all personal injury cases share some general characteristics, each case is unique and requires individual consideration. In order to obtain the best possible settlement, attention to the specific details of your case is needed.
There are several statutes that cover personal injuries depending on the facts of what happened, where, and by whom:
- Premises liability – Slip and falls and other property-related injuries
- Workers’ compensation – Accidents that occur in the workplace
- Medical malpractice – Injuries as a result of negligent medical care
There are laws that dictate the time you have to file a claim, too. These are called statutes of limitations.
In New Jersey, N.J.S.A. §2A:14-2 places a strict limit of two years on any personal injury claim, however, there are certain exceptions that may toll the statute of limitations. Filing a claim too late will result in dismissal, which is why it is so important to talk to a personal injury lawyer in Cherry Hill as soon as possible after an accident.
Additionally, New Jersey is a “shared fault” state where a modified comparative negligence rule is applied to personal injury cases. This means that when a person is injured due to another’s negligence or recklessness if the facts show that the injured party shared some of the blame, any damages can be reduced.
For example, a shopper claiming a slip-and-fall injury may inadvertently make a statement that she was rushing through the store. If a jury holds the shopper 15 percent at fault for her carelessness and grants her $25,000 in damages, the amount of the award would be reduced by 15 percent or $3,750.
The modified comparative negligence rule is a precedential rule and courts are bound to abide by it even if the injured party does not agree. If the injured party is found to be more than 50 percent at fault, there may be no award of damages. Insurance adjusters look for ways to lay blame on the injured party in order to reduce settlements. The best defense against this tactic is to work with a personal injury lawyer who will fight for your rights vigorously.
Cherry Hill Personal Injury Lawyer Near Me (856) 528-4494
Proving Liability in a Personal Injury Case
In order to recover damages in a personal injury case, the injury victim bears the burden of proving the at-fault party liable for their damages. This requires showing the other party’s fault in the accident that caused their injury and meeting the legal points of liability including:
- Showing that the at-fault party owed a duty of care to keep you and others safe through reasonable measures such as a driver’s duty to obey traffic laws and a store owner’s duty to mop up spills to prevent a fall
- That the at-fault party breached this duty by acting negligently, recklessly, or wrongfully
- That the negligent breach directly led to your injury
- That your injury has caused you to suffer damages, including economic and non-economic damages
When your personal injury claim meets the above criteria showing liability on the part of the person or entity responsible for your preventable injury, your personal injury attorney from Grungo Law can make a compelling legal case for your full compensation. Not only will we investigate all aspects of your claim to prove liability and to calculate your damages, but we will also aggressively pursue your best interests through a strong demand letter to the appropriate insurance company, throughout negotiations for a settlement, and through courtroom litigation in the rare case that it becomes necessary.
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What Should I Do If I’ve Been Injured By Someone Else?
It can be challenging to think clearly after suffering a painful injury and in some cases you may be too hurt to do anything other than wait for help. But if you are able to use your phone or hand it to someone else to use for you, gathering photos and information can greatly help your later financial recovery. Use your phone for the following:
- First, call 911 to report your accident no matter how it occurred
- Use your phone camera to take photos of the accident, any involved factors like a broken floor tile, angry dog, or crashed vehicle
- Photograph your visible injuries
- Collect the contact information of eyewitnesses or any other involved parties
- Once emergency services arrive, accept transport to a hospital and undergo an evaluation. Be sure to ask for a detailed medical report
- Ask for a copy of the accident report
- Save all medical bills
- Call the personal injury lawyers at Grungo Law of Cherry Hill
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What Damages Can I Recover in a Personal Injury Case?
Serious injuries can have costs that quickly escalate. Medical treatments, in-hospital procedures, and surgeries are costly and cause time away from work. Even relatively minor injuries can impact your ability to pay your bills; for instance, a broken ankle may make your job as a server in a busy restaurant impossible. A successful personal injury case holds the party at fault liable so their insurance company compensates you for damages such as:
- Medical bills
- Any future medical costs for ongoing care or treatment
- Lost wages and future lost wages
- Lowered capacity for future earnings if your injury caused a disability
- Pain and suffering
- Other appropriate non-economic damages that may apply such as disfigurement, loss of limb, emotional trauma, and loss of pleasure in life
While financial compensation cannot erase an injury or take away your pain, it can open doors to further medical treatment to maximize your recovery while also relieving your financial burdens.
A Cherry Hill Personal Injury Attorney is Your Best Asset
The two-year statute of limitations on a personal injury claim starts running as soon as the injury occurs. You must call a skilled Cherry Hill personal injury lawyer immediately after your accident. This will ensure that the facts and your recollection of the incident are fresh when you speak with your lawyer.
Do not fight the insurance companies alone. Consult with a legal team who will serve as your ally to achieve the best possible outcome to mitigate the long-term effects of any personal injury.
Call or text (856) 528-4494 or complete a Free Case Evaluation form