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While Hamilton Square is a quiet area, that does not mean accidents never happen. A motor vehicle collision, unexpected fall, healthcare provider’s mistake, or any other circumstances where someone else’s misconduct could lead to a personal injury with long-lasting and sometimes life-altering repercussions. Demanding fair compensation for accident-related losses is far from a simple process.
Fortunately, help is available from a seasoned Hamilton Square personal injury lawyer with experience handling cases like yours in the past. From start to finish of your settlement negotiations or civil court proceedings, a dedicated attorney from our team could tenaciously protect your rights and pursue an optimal result for your specific needs.
Possible Grounds for a Personal Injury Claim
How an injury occurred does not affect pursuing financial restitution through a civil claim. Instead, the most important factors for an injured plaintiff to prove are a defendant’s negligent actions and a link between an accident and every form of harm endured. In most situations, a plaintiff proves negligent actions with their legal team by establishing the following criteria:
- They owed an explicit or implicit responsibility to act reasonably around a plaintiff
- They breached that duty by performing some careless, reckless, or illegal action
- That wrongful or irresponsible act directly caused an accident
- The accident resulted in compensable losses, at least one of which must be a physical injury severe enough to necessitate professional care
Compensable losses could include economic forms of harm like personal property damage and medical bills, as well as non-economic pain and suffering losses. A personal injury attorney in Hamilton Square could gather evidence that indicates a person’s recklessness and the losses they caused.
How State Law Governs Personal Injury Litigation
Under New Jersey state law, various circumstances could hinder a personal injury victim’s pursuit of compensation or even bar them from recovery altogether. Most notably, the car insurance policy a person injured in an auto accident has could limit or remove their right to file suit for damages not covered by their insurance.
On top of that, New Jersey Revised Statutes §2A:14-2 generally bars any person who waits more than two years after initially suffering an injury from starting the litigation process and recovering civil compensation for that injury’s effects. There are exceptions in specific situations that a personal injury lawyer in Hamilton Square could discuss in detail if applicable. It should also be noted that N.J.R.S. §2A:15-5.1 prohibits any person found responsible for the majority of their injuries from any compensation and allows courts to reduce a damage award’s value in proportion to the percentage of fault a plaintiff holds.
Speak with a Hamilton Square Personal Injury Attorney Today
Personal injury cases can be exceptionally complex, even under favorable circumstances. Without a capable legal professional helping you through your case, it could be difficult to establish liability for your losses and obtain the restitution you need to make up for them.