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Personal injury claims are some of the most common lawsuits seen in Medford every year. Each case is as unique as the people involved in it, but just like other states, New Jersey has guidelines and rules that are applied to every personal injury case.
While the basics of these are outlined below, those who are injured in an accident should speak to a Medford personal injury lawyer who knows these laws in detail and can provide advice on their specific case.
Why Choose a Medford Township Personal Injury Lawyer From Grungo?
At Grungo Law, we understand the ripple effect a serious injury causes on the victim’s life and family. We have a deep compassion for our injured clients who’ve suffered from a preventable injury and shouldn’t be left holding the bag while their medical bills pile up and they’re unable to return to work. After your free consultation at Grungo Law, we’ll begin crafting an individualized strategy for your unique accident case. Your Medford Township accident lawyer will maximize your chances of recovering an ample settlement for your damages through a thorough investigation, documentation, and calculation of damages.
No one should go it alone when taking on powerful insurance companies who prioritize their profits over payouts on legitimate claims.
Common Causes Of Personal Injury Cases In Medford
When someone else’s failure to take reasonable measures to prevent harm causes injury, their negligence leaves them liable for damages. New Jersey’s comparative negligence laws allow victims to make a claim to recover their damages, typically through the negligent party’s insurance policy, whether from an auto insurance personal injury protection policy, property insurance, or medical malpractice insurance.
Among all personal injury cases, motor vehicle accidents involving cars, trucks, motorcycles, and pedestrians are the most common in New Jersey. However, there are other types including:
- Product liability
- Medical malpractice
- Slip and falls
- Dog bites
- Premises liability
- Wrongful death
- Intentional behavior
When any personal injuries occur due to the fault or negligence of someone else, a lawsuit can be filed by a personal injury lawyer in Medford against the responsible parties. Some personal injury laws, such as caps on compensation, apply to all types of personal injuries, while others, such as the state’s dog bite laws, apply to only specific types.
Personal injury cases in Medford and elsewhere occur when an individual or business entity fails in their duty of care to take reasonable measures to prevent injury to others. Medical malpractice injuries have a different standard which requires first proving the existence of a doctor/patient relationship at the time of the malpractice and that the provider failed in their duty of care to treat the patient at the industry-accepted standard.
Injuries Associated With Personal Injury Claims
All injuries are painful and distressing, but only preventable injuries caused by someone else’s negligence, recklessness, or wrongdoing qualify for a personal injury claim or lawsuit if they’ve caused financial damages. Injuries commonly associated with personal injury claims include the following:
- Back injuries
- Neck injuries
- Head injuries/traumatic brain injuries
- Spinal cord damage
- Loss of limb
- Internal injuries
- Soft tissue damage
- Loss of hearing/sight
Serious injuries result in both economic damages like medical bills and lost wages, and non-economic damages like pain and suffering. A successful personal injury claim helps injury victims recover from these losses.
How to File a Personal Injury Claim In Medford Township
Once you’ve addressed medical treatment for your injury and have a good idea of the scope of the damages you’re facing due to medical expenses and lost wages, it’s time for your personal injury attorney to begin your claim. Instead of speaking to insurance companies who don’t have your best interests at heart, it’s best to hire a personal injury attorney from Grungo Law to fight aggressively for your rights and best interests. Your attorney will do the following:
- Investigate your injury by gathering, reviewing, and documenting evidence from police or incident reports, photos, surveillance video, and eyewitness testimony to craft a compelling case for liability on the part of the individual or business at fault
- Diligently handle all paperwork and filings in your case
- Carefully assess your financial damages and calculate an amount for pain and suffering
- Draft a compelling demand letter to the appropriate insurance company
- Begin negotiations with the insurance adjuster on the case in order to maximize your settlement for damages
- File a lawsuit in the correct jurisdiction if the insurance company fails to offer a substantial settlement for your damages
- Represent your interests in court to maximize your chances of securing a positive jury verdict
Navigating personal injury law in New Jersey can be complex. No one should attempt the process alone while they’re also trying to focus on healing and recovery. A personal injury attorney in Medford is the best ally against profit-prioritizing insurance companies.
Will My Medford Personal Injury Case Go to Trial?
An estimated 95% of personal injury claims settle out of court through an injury victim’s attorney negotiating with the at-fault party’s insurance company. Only in the infrequent event that negotiations fall through or fail to result in an acceptable settlement does the case progress into a lawsuit, providing the plaintiff (injury victim) files the petition within the state’s statute of limitations for personal injury lawsuits.
Your Medford personal injury attorney from Grungo Law will thoroughly investigate your case to gather evidence in order to negotiate from a position of strength with the insurance company to secure an ample settlement. However, if the insurance company uses bad-faith tactics and denies your valid claim or seriously underestimates your damages, your personal injury lawyer is more than ready to file a lawsuit withing the statute of limitations and argue the case in court to secure a jury award for damages.
Statute of Limitations In Medford Township
In the state of New Jersey, the statute of limitations for most personal injury cases is two years from the date the injury occurred when the injured party is an adult. In the case of minors, the statute of limitations is extended to within two years of the individual’s 18th birthday.
There are also exceptions to the two-year statute in certain personal injury cases that is why it is important to contact a personal injury attorney in Medford immediately. Medical malpractice lawsuits have many statutes including:
- In the case of adults, within two years of the incident, or within two years of the time an individual should have reasonably known that medical malpractice occurred
- In the case of minors, within two years of the individual’s 18th birthday
- Within two years of the individual’s 18th birthday for birth injuries, if the individual was born before July 2004
- By the time of the individual’s 13th birthday, if it is a birth injury and if the child was born after July 2004
In the case of individuals bringing a lawsuit against a public entity, there are certain notice requirements that if not complied with could bar a future lawsuit. For example, public entities or employees must be put on notice of an incident or injury within 90 days of the event. Because different cases have so many different notice requirements or statutes of limitations, it is important to speak with a personal injury lawyer in Medford that will be able to advise on if the case is still eligible to be heard by the courts.
Determining Fault In A Medford Township Injury Case
New Jersey has both shared-fault and no-fault laws, which can sometimes limit the amount of compensation injured individuals are eligible to receive.
Shared fault is assigned when the person filing the lawsuit is partially to blame for the injury and in these cases, courts will use the modified comparative negligence rule.
By this rule, the amount of compensation awarded will be reduced by the amount of the plaintiff’s fault. If the plaintiff was 25 percent at fault for a car accident, their compensation would then be reduced by 25 percent. When the plaintiff is 50 percent or more to blame, they are not entitled to any compensation. Unfortunately, this is one more reason why personal injury cases can become so complicated, cementing the necessity of a personal injury lawyer in Medford.
What to Do Following an Injury
No matter how your injury occurs, what happens in the moments and days after the injury can substantially impact your physical and financial recovery. If your injury was a head injury or other serious harm, you may be able to do little other than wait in place for help to arrive. If you’re able to safely use your phone or hand it to someone nearby to use for you, the following actions can help your claim:
- Call 911 to request emergency services and report the event if it was a car accident or a crime
- Take photos of anything relevant to the injury such as the vehicles after a car accident or a wet floor or a broken stair rail that caused a fall
- Take photos of any visible injuries
- Add the contact information of eyewitnesses
- Ask for a police report or an accident report
- Record your statement of how the injury occurred while it’s fresh in your mind since trauma can cloud your memory later
Once at the hospital, ask for a thorough evaluation and a detailed medical report. Keep all medical bills and related receipts. Call the attorneys at Grungo Law of Medford, New Jersey. Then, avoid posting on social media until after you receive your settlement or court award for damages.
How Much is My Personal Injury Claim Worth?
Unlike many states, New Jersey doesn’t place a cap on personal injury compensation. Each individual’s claim varies widely depending on the unique circumstances of their injury and the monetary amount of their tangible damages like medical expenses and lost wages. Attorneys typically calculate the amount of compensation for pain and suffering based on the amount of their client’s economic damages from the injury. While statistics indicate a median personal injury settlement in New Jersey of $100,000, your settlement could be substantially more or less depending on your injury.
Your Medford personal injury attorney from Grungo Law will diligently review your medical expenses, lost wages, and other costs of your injury to maximize the amount of your claim for damages. While lawsuits in court may take longer than settling with the insurance company, jury awards for damages are typically higher than settlement amounts.
Contact a Medford Personal Injury Attorney
Personal injury cases may be common, but that does not mean that they are simple. Different types of injury cases have different laws and statutes that go with them and a seemingly simple case can quickly turn complicated.
If you or someone you know has been injured, and you believe someone else is responsible, contact a Medford personal injury lawyer who can help you with your case, and get you the most compensation possible.