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Medford Township Personal Injury Lawyer

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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

Medford township personal injury lawyer

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:

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:

  • Fractures
  • Back injuries
  • Neck injuries
  • Head injuries/traumatic brain injuries
  • Spinal cord damage
  • Burns
  • Loss of limb
  • Disfigurement
  • 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

Filing a medford personal injury claim

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

According to New Jersey 52:4B-18.:

“No order for the payment of compensation shall be made under section 10 of P.L.1971, c. 317 (C. 52:4B- 10)unless the application has been made within two years after the date of the personal injury or death or after that date upon determination by the board that good cause exists for the delayed filing…”

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. According to New Jersey’s comparative negligence personal injury law:

“If you find that the plaintiff and one or more individuals or entities were [negligent/at fault] and proximately caused the [accident/injury], then you must compare the [negligent conduct/fault] of those individuals or entities in terms of percentages. You will attribute to each of them that percentage that you find describes or measures their [negligent contribution/fault] in proximately causing the [accident/injury]”

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.

Who Is Liable in Personal Injury Cases in New Jersey?

When a person or business fails to take reasonable measures to prevent injury to others and the result is a serious injury, the person or individual responsible for the negligent action is liable for the victim’s damages. Common liable parties in personal injury cases include the following:

  • Careless or reckless drivers
  • Intoxicated drivers
  • Commercial trucking companies 
  • Negligent employers
  • Negligent business owners or managers, including store owners, hotel owners, and restaurant owners
  • Negligent private property owners
  • Owners of vicious dogs
  • Negligent doctors or other medical providers
  • Negligent product manufacturers

When a personal injury case goes to trial, the judge often instructs the jury to ask the question, “Would a reasonable person or business have done the same in the same circumstances?” If the answer is no, then the defendant is liable for the victim’s damages.

Proving Liability in Personal Injury Cases in Medford Township

Proving liability in any New Jersey personal injury claims requires documenting evidence of negligence and proving that the defendant in the case meets the legal points of liability, including the following:

  • The at-fault party owed a duty of care to the injury victim to take reasonable measures to prevent injuries such as a driver’s duty to avoid texting and driving or a store owner’s duty to promptly address a slip-and-fall hazard
  • They breached this duty of care through negligent, reckless, or wrongful behavior
  • The breach of duty directly caused the injury
  • The injury victim suffered significant economic and non-economic damages from the injury.

In some injury cases, strict liability exists and doesn’t require proving negligence. For instance, a dog owner takes full responsibility for their pet’s actions. If the dog bites someone and causes injury, the injury victim doesn’t have to prove the owner’s negligence due to strict liability laws. In most cases, manufacturers are strictly liable for a consumer’s damages if they produce a defective or dangerous product.

On the other hand, in a medical malpractice case, a special duty of care exists. Doctors have a special duty of care toward the patients. They must treat a patient at the standard of care established by the medical community. If they breach this duty of care, they are liable for the victim’s damages.

Compensation for personal injuries typically comes from the appropriate insurance policy, like auto insurance in a car accident claim or commercial property liability insurance in a slip-and-fall case.

Common Methods Insurance Companies Use to Minimize Payouts on Injury Claims

When insurance companies contact victims within days of an injury, it’s often to reach out with a fast settlement offer in exchange for signing away the right to a lawsuit. This early offer is almost always substantially lower than the amount you can recover with experienced representation. Other insurance company tactics commonly used against injury victims include the following:

  • Lowballing settlement offers
  • Calling on recorded lines and using the injury victim’s words out of context against them
  • Assigning an undue percentage of fault to injury victims to lower the amount they pay out on a claim
  • Asking for medical authorization to examine the victim’s injury record and then combing through their medical history to find a pre-existing condition or former injury they can say is the true cause of the victim’s symptoms
  • Claiming that the victim’s doctor-recommended treatment isn’t necessary for their injuries
  • Scouring the victim’s social media posts for “evidence” that they aren’t as injured as they claim 
  • Using delay tactics to encourage injury victims to drop their claim or settle for a low offer
  • Misrepresenting the coverage included in the policy

Insurance companies prioritize their profits at the victim’s expense. They are not on your side even if they sound compassionate on the phone. It’s always best to hire an attorney and direct all communication with the insurance adjuster to your lawyer.

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.

Common Damages in Medford Township Personal Injury Claims

Even mild injuries are expensive and can cause a victim and their family significant economic hardship with a large emergency room bill and one or two missed work weeks. When an injury is serious or catastrophic, the consequences may be permanent, including significant disability or impairment. Common damages in Medford Township personal injury claims include the following:

  • Medical expenses
  • Future medical costs related to the injury
  • Lost wages
  • Future income loss
  • Lowered future earning capacity due to disability
  • Pain and suffering compensation
  • Compensation for other non-economic damages that apply in individual cases such as loss of vision or hearing, loss of limb, disfigurement compensation, or loss of enjoyment of life.

It takes a skilled attorney to carefully calculate economic and non-economic damages to ensure you get the maximum compensation available in your case.

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.

What to Expect at Your Initial Consultation for a Personal Injury Claim in Medford Township

Grungo Law offers free confidential consultations. At your initial consultation, we will examine any evidence you bring, such as a police report, your medical record, or photos and videos. We will evaluate the case to determine if it has merit and evaluate your potential damages. During this evaluation, you are free to ask questions about the process, and your attorney will walk you through the process and begin strategizing the best way to move forward on your case should you choose to hire a lawyer from Grungo Law.

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.